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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 | |
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Signed | 14 June 1985 (39 years, 6 months and 1 day ago) |
Location | Schengen, Luxembourg |
Effective | 26 March 1995 (29 years, 8 months and 19 days ago) |
Original signatories | Belgium France West Germany Luxembourg Netherlands |
Parties | Austria Belgium Bulgaria [a] Croatia Czech Republic Denmark Estonia Finland France Germany Greece Hungary Iceland [b] Italy Latvia Liechtenstein [b] Lithuania Luxembourg Malta Netherlands Norway [b] Poland Portugal Romania [a] Slovakia Slovenia Spain Sweden Switzerland [b] |
Depositary | Government of the Grand Duchy of Luxembourg |
Full text | |
Convention implementing the Schengen Agreement at Wikisource |
The Schengen Agreement (English: /ˈʃɛŋən/ SHENG-ən, Luxembourgish: [ˈʃæŋən] ) is a treaty which led to the creation of Europe's Schengen Area, in which internal border checks have largely been abolished. It was signed on 14 June 1985, near the town of Schengen, Luxembourg, by five of the ten member states of the then European Economic Community. It proposed measures intended to gradually abolish border checks at the signatories' common borders, including reduced-speed vehicle checks which allowed vehicles to cross borders without stopping, allowing residents in border areas freedom to cross borders away from fixed checkpoints, and the harmonisation of visa policies. [1]
In 1990, the Agreement was supplemented by the Schengen Convention which proposed the complete abolition of systematic internal border controls and a common visa policy. The Schengen Area operates very much like a single state for international travel purposes with external border controls for travellers entering and exiting the area, and common visas, but with no internal border controls. It currently consists of 29 European countries covering a population of over 400 million people and an area of 4,312,099 square kilometres (1,664,911 sq mi). [2]
Originally, the Schengen treaties and the rules adopted under them operated independently from the European Union. However, in 1999 they were incorporated into European Union law by the Amsterdam Treaty, while providing opt-outs for the only two EU member states that had remained outside the Area: Ireland and the United Kingdom (which subsequently withdrew from the EU in 2020). Schengen is now a core part of EU law, and all EU member states without an opt-out which have not already joined the Schengen Area are legally obliged to do so when technical requirements have been met. Several non-EU countries are included in the area through special association agreements. [3]
Free movement of people was a core part of the original Treaty of Rome and, from the early days of the European Economic Community, nationals of EEC member states could travel freely from one member state to another on production of their passports or national identity cards. [4] However, systematic identity controls were still in place at the border between most member states.[ citation needed ]
Disagreement between member states led to an impasse on the abolition of border controls within the Community, but in 1985 five of the then ten member states – Belgium, France, Luxembourg, the Netherlands, and West Germany – signed an agreement on the gradual abolition of common border controls. The agreement was signed on the Princess Marie-Astrid boat on the river Moselle near the town of Schengen, Luxembourg, [5] where the territories of France, Germany and Luxembourg meet. Three of the signatories, Belgium, Luxembourg, and the Netherlands, had already abolished common border controls as part of the Benelux Economic Union.[ citation needed ]
The Schengen Agreement was signed independently of the European Union, in part owing to the lack of consensus amongst EU member states over whether or not the EU had the jurisdiction to abolish border controls, [6] and in part because those ready to implement the idea did not wish to wait for others (at this time there was no enhanced co-operation mechanism). The Agreement provided for harmonisation of visa policies, allowing residents in border areas the freedom to cross borders away from fixed checkpoints, the replacement of passport checks with visual surveillance of vehicles at reduced speed, and vehicle checks that allowed vehicles to cross borders without stopping. [1]
In 1990, the Agreement was supplemented by the Schengen Convention which proposed the abolition of internal border controls and a common visa policy. It was this Convention that created the Schengen Area through the complete abolition of border controls between Schengen member states, common rules on visas, and police and judicial cooperation.[ citation needed ]
The Schengen Agreement and its implementing Convention were enacted in 1995 only for some signatories,[ which? ] but just over two years later during the Amsterdam Intergovernmental Conference, all European Union member states except the United Kingdom and Ireland had signed the Agreement. It was during those negotiations, which led to the Amsterdam Treaty, that the incorporation of the Schengen acquis [7] into the main body of European Union law was agreed along with opt-outs for Ireland and the United Kingdom (which subsequently withdrew from the EU in 2020), which were to remain outside of the Schengen Area. [8]
In December 1996, two non-EU member states, Norway and Iceland, signed an association agreement with the signatories of the Agreement to become part of the Schengen Area. While this agreement never came into force, both countries did become part of the Schengen Area after concluding similar agreements with the EU. [9] The Schengen Convention itself was not open for signature by non-EU member states. [10] In 2009, Switzerland finalised its official entry to the Schengen Area with the acceptance of an association agreement by popular referendum in 2005. [11]
Now that the Schengen Agreement is part of the acquis communautaire , it has, for EU members, lost the status of a treaty, which could only be amended according to its terms. Instead, amendments are made according to the legislative procedure of the EU under EU treaties. [12] Ratification by the former agreement signatory states is not required for altering or repealing some or all of the former Schengen acquis. [13] Legal acts setting out the conditions for entry into the Schengen Area are now made by majority vote in the EU's legislative bodies. New EU member states do not sign the Schengen Agreement as such, instead being bound to implement the Schengen rules as part of the pre-existing body of EU law, which every new entrant is required to accept.[ citation needed ]
This situation means that non-EU Schengen member states have few formally binding options to influence the shaping and evolution of Schengen rules; their options are effectively reduced to agreeing or withdrawing from the agreement. However, consultations with affected countries are conducted prior to the adoption of particular new legislation. [14]
In 2016, border controls were temporarily reintroduced in seven Schengen countries (Austria, Denmark, France, Germany, Norway, Poland, and Sweden) in response to the European migrant crisis. [15] [16]
Portugal reintroduced checks several times along its border with Spain, during the UEFA Euro 2004 championships and when Portugal hosted the NATO 2010 Lisbon summit. Portugal also reintroduced border checks from 10 May 2017 to 14 May 2017, during Pope Francis's visit to Fátima, Portugal. [17]
Border controls were reintroduced throughout the area during the COVID-19 pandemic. [18]
On 8 December 2022, the Justice and Home Affairs Council voted to admit Croatia to the Schengen Area, effective from 1 January 2023. [19]
On 30 December 2023, the Justice and Home Affairs Council agreed to partially include Bulgaria and Romania in the Schengen Area, with air and maritime border checks lifted from 31 March 2024. [20] On 12 December 2024, the Council decided to lift the remaining border checks at land crossing effective 1 January 2025, making Bulgaria and Romania full members of the Schengen Area. [21]
The Schengen Information System (SIS) is a governmental database maintained by the European Commission. The SIS is used by 31 European countries to find information about individuals and entities for the purposes of national security, border control and law enforcement since 2001. A second technical version of this system, SIS II, went live on 9 April 2013. An upgraded Schengen Information System entered into operation on 7 March 2023.
The special territories of members of the European Economic Area (EEA) are the 32 special territories of EU member states and EFTA member states which, for historical, geographical, or political reasons, enjoy special status within or outside the European Union and the European Free Trade Association.
The Nordic Passport Union allows citizens of the Nordic countries—Iceland, Denmark, Norway, Sweden, and Finland—to travel and reside in another Nordic country without any travel documentation or a residence permit. Since 25 March 2001, all five states have also been in the Schengen Area.
The most recent enlargement of the European Union saw Croatia become the European Union's 28th member state on 1 July 2013. The country applied for EU membership in 2003, and the European Commission recommended making it an official candidate in early 2004. Candidate country status was granted to Croatia by the European Council in mid-2004. The entry negotiations, while originally set for March 2005, began in October that year together with the screening process.
The European Common Aviation Area (ECAA) is a single market in aviation services.
The visa policy of the Schengen Area is a component within the wider area of freedom, security and justice policy of the European Union. It applies to the Schengen Area and to other EU member states except Ireland. The visa policy allows nationals of certain countries to enter the Schengen Area via air, land or sea without a visa for up to 90 days within any 180-day period. Nationals of certain other countries are required to have a visa to enter and, in some cases, transit through the Schengen area.
The Prüm Convention is a law enforcement treaty which was signed on 27 May 2005 by Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Spain in the town of Prüm in Germany, and which is open to all members of the European Union, 14 of which are currently parties.
A Norwegian passport is the passport issued to nationals of Norway for the purpose of international travel. Beside serving as proof of Norwegian citizenship, they facilitate the process of securing assistance from Norwegian consular officials abroad.
A Danish passport is an identity document issued to citizens of the Kingdom of Denmark to facilitate international travel. Besides serving as proof of Danish citizenship, they facilitate the process of securing assistance from Danish consular officials abroad.
The European Union itself does not issue ordinary passports, but ordinary passport booklets issued by its 27 member states share a common format. This common format features a colored cover emblazoned—in the official language(s) of the issuing country —with the title "European Union", followed by the name(s) of the member state, the heraldic "Arms" of the State concerned, the word "PASSPORT", together with the biometric passport symbol at the bottom center of the front cover.
The Schengen Area is an area encompassing 29 European countries that have officially abolished border controls at their mutual borders. Being an element within the wider area of freedom, security and justice policy of the European Union (EU), it mostly functions as a single jurisdiction under a common visa policy for international travel purposes. The area is named after the 1985 Schengen Agreement and the 1990 Schengen Convention, both signed in Schengen, Luxembourg.
In the European Union (EU), enhanced cooperation is a procedure where a minimum of nine EU member states are allowed to establish advanced integration or cooperation in an area within EU structures but without the other member states being involved. As of October 2017, this procedure is being used in the fields of the Schengen acquis, divorce law, patents, property regimes of international couples, and European Public Prosecutor and is approved for the field of a financial transaction tax.
The area of freedom, security and justice (AFSJ) of the European Union (EU) is a policy domain concerning home affairs and migration, justice as well as fundamental rights, developed to address the challenges posed to internal security by collateral effects of the free movement of people and goods in the absence of border controls or customs inspection throughout the Schengen Area, as well as to safeguard adherence to the common European values through ensuring that the fundamental rights of people are respected across the EU.
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.
The Schengen acquis is a set of rules and legislation, integrated into European Union law, which regulate the abolition of border controls at the internal borders within the Schengen Area, as well as the strengthening of border controls at the external borders.
The visa policy of Greenland consists of the requirements for foreign nationals to enter and remain in Greenland.
The Faroe Islands are an autonomous territory of the Kingdom of Denmark. Nationals of Nordic countries are free to enter, reside and work in the Faroe Islands, and nationals of other countries exempt from visas for short stays in the Schengen Area may also visit the Faroe Islands without a visa. In addition, travel between the Faroe Islands and the Schengen Area is not subject to document checks.
Passports of the EFTA member states are passports issued by the European Free Trade Association (EFTA) member states Iceland, Liechtenstein, Norway and Switzerland. EFTA is in this article used as a common name for these countries.
The migration and asylum policy of the European Union is within the area of freedom, security and justice, established to develop and harmonise principles and measures used by member countries of the European Union to regulate migration processes and to manage issues concerning asylum and refugee status in the European Union.
Passports in Europe are issued by each state individually, e.g. the Netherlands or United Kingdom. In general, passports issued in Europe either grant the holder the right of freedom of movement within the European Economic Area, to those that don't. The majority of European states are members of the European Union, and therefore issue EU passports.
In practice, this involvement takes the form of mixed committees that meet alongside the working parties of the EU Council. They comprise representatives of the Member States' governments, the Commission and the governments of third countries. Associated countries therefore participate in discussions on the development of the Schengen acquis, but do not take part in voting. Procedures for notifying and accepting future measures or acts have been laid down.