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For other uses, see Schengen.
Kingdom I m p l e m e n t a t i o n Schengen zone Set to implement later Police and judicial cooperation only Expressed interest |
A monument to the Agreement in Schengen, Luxembourg
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.
The term Schengen Agreement is used for two agreements concluded between European states in 1985 and 1990 which deal with the abolition of systematic border controls between the participating countries. By the Treaty of Amsterdam, the two agreements themselves and all decisions that have been enacted on their basis have been incorporated into the law of the European Union. This body of legal provisions is referred to as the Schengen Acquis.The Schengen Acquis had been legally defined by the Council Decision of 20 May 1999 concerning the definition of the Schengen acquis for the purpose of determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the acquis (1999/435/EC). Subsequent amendments to that acquis, including the Schengen Agreements themselves, have been made in the form of European Union regulations. The main purpose of the establishment of the Schengen rules is the abolition of physical borders among European countries.At the Schengen I signing ceremony, the "Belgian secretary of state for European affairs said that the agreement’s ultimate goal was "to abolish completely the physical borders between our countries," while Luxembourg’s minister of foreign affairs called it "a major step forward on the road toward European unity," directly benefiting signatory state citizens and "moving them a step closer to what is sometimes referred to as \'European citizenship\'." cited on p.48 of Willem Maas, Creating European Citizens, Rowman & Littlefield 2007 ISBN 978-0-7425-5486-3.
The Schengen rules apply among most European countries, covering a population of over 400 million and a total area of 4,268,633 km² (1,648,128 sq mi). They include provisions on common policy on the temporary entry of persons (including the Schengen Visa), the harmonisation of external border controls, which are coordinated by the Frontex agency of the European Union, and cross-border police and judicial co-operation.
A total of 31 states, including 27 European Union states and four non-EU members (Iceland, Norway, Liechtenstein and Switzerland), are subject to all or some of the Schengen rules, and 24 have fully implemented them so far. Ireland and the United Kingdom did not sign up to the original Schengen Convention of 1990 and retained a right to opt out of the application of the rules after their conversion into European Union law. Thus, they have not ended border controls with other EU Member States, but take part in the measures relating to police and judicial co-operation which form part of the Schengen acquis.
Border posts and checks have been removed between the states which form the Schengen area."Schengen area" is the common name for states that have implemented the agreement. A common Schengen visa allows tourists or other visitors access to the area. Holders of residence permits to a Schengen state enjoy the freedom of travel to other Schengen states for a period of up to three months.
The legal basis for Schengen in the treaties of the European Union has been inserted in the Treaty establishing the European Community through Article 2, point 15 of the Treaty of Amsterdam. This 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.The Treaty of AmsterdamConsolidated versions of the TEU and the TEC The Treaty of Lisbon substantially 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".Treaty of Lisbon, article 2, points 63-68
The two agreements which are commonly referred to as Schengen Agreement are:
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 and form the most important part of the secondary legislation regarding Schengen of the EU.
Other relevant legal texts which form part of the Schengen laws include:
Before the implementation of the Schengen II Agreement, citizens of western Europe could travel to neighbouring countries by showing their national ID card or passport at the border. Nationals of some countries were required to have separate visas for every country in Europe; thus, vast network of border posts existed around the continent which disrupted traffic and trade—causing delays and costs to both businesses and visitors.
Since the implementation of the Schengen rules, border posts have been closed (and often demolished) between participating countries. The Schengen Borders Code requires participating states to remove all obstacles to free traffic flow at internal borders.Article 22 of the Schengen Borders Code. Thus, road traffic is no longer delayed; 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).Article 21 (b) of the Schengen Borders Code. Citizens of non-EU, non-EEA countries who wish to visit Europe, and who require a visa to enter the Schengen area, receive a common Schengen Visa from the Embassy or Consulate of the Schengen country of their main destination, or, if such main destination cannot be identified, the state they intend to visit first; they may then visit any of the Schengen countries without hindrance. However, in some exceptional cases, visas can be restricted to just certain member states.
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A typical Schengen internal border (here near Kufstein between Germany and Austria): the traffic island marks the spot where a control post once stood; it was removed in 2000. |
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Some Schengen internal borders can be found within closely built-up areas – here near Aachen between Germany and the Netherlands: Take the left lane in the Netherlands to actually turn left in Germany. |
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The internal Schengen border between the Netherlands and Belgium is clearly marked between Baarle-Nassau and Baarle-Hertog. |
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The border between the Netherlands and Germany crosses through this building of the Eurode Business Centre in Kerkrade and Herzogenrath. The facility also contains a jointly operated Dutch-German police station. |
Ceuta border fence between Spain and Morocco
Not only does the Schengen Agreement remove border checks between participating countries, but the external controls which are exercised by the participating nations are also 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.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) (English) (2006-04-13). Retrieved on 2008-01-15.. In particular, Article 7 of the Schengen Borders Code provides that all persons crossing external borders — inbound or outbound — have to be subject to a minimum check, this including the establishment of identities on the basis of the production or presentation of their travel documents, while third-country nationals must be subjected to thorough checks, which also concern all entry requirements (documentation, visa, employment status, means of subsistence, absence of security concerns). The exit controls allow, inter alia, to determine if a person leaving the area is in possession of a document valid for crossing the border, 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, e. g. if an arrest warrant had been issued by a Schengen State.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) (English) (2006-04-13). Retrieved on 2008-01-15..
Passport control at an external Schengen border in Finland
The borders against non-Schengen countries are to be carefully controlled, and every person crossing those external borders must carry an accepted means of identification, such as a passport, other travel document, or – in case of EU and Swiss citizens – national identity card.Article 7 subsec. 2 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) (English) (2006-04-13). Retrieved on 2007-11-25.; with respect to identification by identity cards cf. Article 5 subsec. 1 of the Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (English) (2004-04-40). Retrieved on 2007-11-25.. All persons who are third-country nationals have to be checked against the Schengen Information System, a database containing information about undesired or wanted people, stolen passports, and other items of interest to border officials;Article 7 subsection 3 vi 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) (English) (2006-04-13). Retrieved on 2007-11-25.. while checks on EU citizens and other persons enjoying the right of free movement in the EU may only be conducted on a "non-systematic" basis.Article 7 subsection 2 subparagraph 3 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) (English) (2006-04-13). Retrieved on 2007-11-25..The border controls are located at roads crossing a border, at airports, at seaports, and onboard trains.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) (English) (2006-04-13). Retrieved on 2007-11-25.. Usually there is no fence along borders in the terrain, but there are exceptions like the Ceuta border fence. However, surveillance camera systems, also equipped infrared technology, are located at some more critical spots, for example at the border between Slovakia and Ukraine.One camera at every 186 metres of the border: Stories from Schengen: Smuggling cigarettes in Schengen Slovakia (English) (2008-01-09). Retrieved on 2008-03-09.. 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 law stipulates that all transporters of passengers across the Schengen external border must check, before boarding, if the passenger has the travel document and visa required for entry.Article 26 sec. 1 lit. b of the Schengen II Agreement. This is to prevent persons from applying for asylum at the passport control, after already having landed within the Schengen area. Since all asylum applications filed on EU territory must be investigated, and since it often proves to be difficult to deport persons who already have landed, the Schengen states want to prevent third-country nationals who do not have the papers required for entry into the area from even reaching a passport control point on their territory. Because this system proves to be effective, unsafe boats, containers, or other unconventional and life-endangering means of transport are used for people smuggling.
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: 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) (English) (2006-04-13). Retrieved on 2007-11-25..
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.
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.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. 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.Article 21 of the Schengen II Agreement.
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 Visa required to enter 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.Consolidated verion of the 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 (English) (2007-01-19). Retrieved on 2007-11-25.. 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.Cf. 17.html Section 17 of the German Aufenthaltsverordnung (German) (2004-11-25). Retrieved on 2007-11-28. in conjunction with 16.html Section 16 of the German Beschäftigungsverordnung (German) (2004-11-22). Retrieved on 2007-11-28..
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 four categories: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 (English) (2003-05-01). Retrieved on 2007-11-25..
Under certain conditions, seamen are issued visa at the border in order to board a ship or travel home from a ship in a Schengen harbor. Furthermore, visa may also be issued at the border in exceptional cases, e.g. emergencies.Consolidated verion of the 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 (English) (2003-03-07). Retrieved on 2007-11-25..
To obtain a Schengen visa, a traveller must take the following steps:
Requirements for family members of an EU citizen differ from those indicated above. In general for family members of an EU 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.
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.Article 21 of the Schengen Agreement. 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.Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents (English) (2004-01-23). Retrieved on 2007-11-25.
Schengen States which share an external land border with a non-Schengen country are authorized 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.Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (English) (2006-12-30). Retrieved on 2008-03-02. The regulation stipulates the conditions which have to be met by such agreements. 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 be comprised of 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 up 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 frequently to 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 neighboring 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 illegaly staying persons from the neighbouring country is ensured. For local border traffic, fast lanes or special border crossings may be introduced.
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).See Schengen and Slovenia / Third-country nationals at Republic of Slovenia: Ministry of the Interior: FAQ about Schengen (English). Retrieved on 2008-03-02.. There were many disputes about whether Croatian citizens would lose this right on 21 December 2007 when Schengen control was established on the Croatian land borders with Hungary and Slovenia, as well as on the Croatian sea border with Italy. Many people living near the border cross it several times a day (some work across the border, or have land on the other side of the border), especially on the border with Slovenia, which was unmarked for more than 40 years when Croatia and Slovenia were both part of Yugoslavia. As Croatia is about to join EU in a matter of years, an interim solution, which got the green light 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. Police authorities of Hungary, Italy or Slovenia will then stamp the evidention card both on entry and on exit. Croatian citizens, however, are not allowed to enter any other Schengen agreement countries without a valid passport and entry stamp, though 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 with an ID card only.
A Schengen state is permitted by articles 23-31 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 action. This occurred in Portugal during the 2004 European Football Championship and in France for the ceremonies marking the 60th anniversary of D-Day. It was used again by France shortly after the London bombings in July of 2005. Finland briefly reinstated border controls during the 2005 World Championships in Athletics in August 2005. Germany used it for the 2006 FIFA World Cup and again in 2007 for the 33rd G8 summit in Heiligendamm.
When travelling by air between Schengen countries, identification (usually passport or national ID card) is regularly requested. Whilst this is not a Schengen rule, it is an air security requirement even when flying domestically.
According to the Schengen rules, hotels and other types of accommodation must register the name, citizenship and ID number of all foreign citizens.Article 45 of the Schengen II Convention. For this reason, a passport or a national ID card has to be produced to the hotel manager or staff.
While border controls serve the purpose of checking whether a person meets the entry and exit requirements, a customs border control relates to the goods that are transported across a border. Article 120 of the Schengen II Convention, which was originally drafted as an international treaty outside the scope of the EU competencies, provides that the contracting parties had to ensure that controls of goods "do not unjustifiably impede the movement of goods at internal borders". The parties had to facilitate the movement of goods across internal borders by providing for clearance of goods when goods were cleared through customs for home use. Although the clearance could, according to the Convention, be conducted either within the country or at the internal borders, the Schengen states had to 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.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.
Nowadays, most states of the Schengen area are also members of the European Union, among which customs controls and other procedures for the administrative processing of goods at internal borders have been abolished, leaving no checks at the borders.
The states which are currently part of the Schengen area, but which are not EU states, are Norway and Iceland, which belong to the European Economic Area (EEA). With relation to goods brought from the EU to non-EU EEA states, some administrative handling of goods at the border may still be required.
The original provisions of the Schengen II Convention which regulate controls of goods were not set into force in relation to Norway and Iceland.Cf. the excemption 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. 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, inter alia, 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.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) (English) (2006-04-13). Retrieved on 2008-01-24.. 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,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) (English) (2006-04-13). Retrieved on 2008-01-15.. 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 an leaving the country, as the country is not a part of the EU customs union.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.”
Switzerland, which belongs neither to the European Union, nor to the European Economic Area, has been associated to the Schengen area and is set to implement the Schengen rules by November 2008.Schengener Informationssystem: Bundesrat legt weiteres Vorgehen fest (German). admin.ch (2007-05-16). Retrieved on 2007-10-22.. Similarly 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.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 (English). consilium.europa.eu (2004-10-25). Retrieved on 2008-01-23.. 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 authorities 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 will have been implemented in Switzerland; they are planning to continue to perform spot-checks, which are based on risk analysis of the authorities.Schengen-Abkommen: Auswirkungen auf die Kontrollen an der Schweizer Grenze (German). admin.ch. Swiss Federal Department of Finance (2004-06-21). Retrieved on 2008-01-23..
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; this 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.
Sweden and Finland 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.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.
With respect to travel between EU members where one is non-Schengen, there are identity (passport) checks, but no customs checks; this applies between Ireland, the U.K. and the European Continent.
Since the customs forces form the financial police of a state, some countries allow their customs authorities to conduct routine inland checks on persons, vehicles, and goods, e. g. to detect untaxed goods, illegal workers, or persons abusing social benefits.
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.
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.
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 police 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.
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 prior to 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 neighboring 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.
Under Article 42 of the Schengen II Convention, police officers of a state which 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.
Article 47 of the Schengen II agreement provides for the permanent deployment of liaison officers to other Schengen states.
Many neighboring 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.Example: Press releases concerning police coopration in the German-Polish border region - Innenminister Schönbohm: Schengen-Erweiterung ein „historisches Glück“ (German) (2007-11-22). Retrieved on 2007-11-25. Furthermore, police laws of some Schengen States allow for the ad hoc conferment of police powers to police officers of other EU states.Cf. Article 24 of the Prüm Agreement (Schengen III Agreement) (German). Retrieved on 2008-01-22., and sec. 64 (4) of the German Federal Police Act.
An agreement was signed on 27 May, 2005 by Germany, Spain, France, Luxembourg, Netherlands, Austria, and Belgium at PrĂĽm, 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 and fingerprint 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 police powers. Sometimes known as the PrĂĽm Convention, this treaty is becoming known as the Schengen III Agreement. It was adopted into EU regulation for Schengen states in June 2007, as far as its provisions fall under the third pillar of the EU.Controversial data-sharing deal to get the go-ahead. euobserver.com. 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 on legislative initiative in that pillar. The Commission has not made use of its right to initiative with regard to such content of the PrĂĽm Convention.
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.
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.
In Articles 77 to 91 of the Schengen II Convention, the control of weapons and ammunition are set out in detail. Regulations 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 on 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,Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (English) (1991-09-13). Retrieved on 2008-01-22.; CORRIGENDUM to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (English) (1993-03-05). Retrieved on 2008-01-28. which introduced a European Firearms Pass which entitles the holder to carry a firearm into the territory of other Member States.
As of 21 December 2007, 24 states and Monaco (treated as part of France) had abolished border controls on persons among themselves, an increase from 15 on 20 December 2007. The nine new countries which entered the Schengen travel area in 2007 were: the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia.Council Decision 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 Any non-Schengen traveller having a valid Schengen visa has been allowed to travel throughout these 25 countries from their accession. These states all entered the EU three years previously. They were required to upgrade their border checks with non-Schengen states before border controls would be dropped with them. Cyprus, which entered the EU along side these other states, did not meet the criteria and thus has requested a delay for a year, while Romania and Bulgaria, who only joined the EU in 2007, are still bringing their border controls up to the required standard.
Prior to the 2007 expansion, the existing fifteen Schengen states were Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Italy, Greece, Luxembourg, Netherlands, Norway, Portugal, Spain and Sweden. All but Iceland and Norway are EU members while the United Kingdom and Ireland have opted out from the core Schengen provisions, preferring to keep control over cross-border flows as a matter of national responsibility.
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