Schengen Area

The Schengen Area is the area comprising 26 European countries that have abolished passport and any other type of border control at their common borders, also referred to as internal borders. It mostly functions as a single country for international travel purposes, with a common visa policy. The Area is named after the Schengen Agreement. Countries in the Schengen Area have eliminated internal border controls with the other Schengen members, and strengthened external border controls with non-Schengen states. The Schengen area encourages the free movement of goods, information, money and people.

Twenty-two of the twenty-eight European Union (EU) member states participate in the Schengen Area. Of the six EU members that do not form part of the Schengen Area, four – Bulgaria, Croatia, Cyprus and Romania – are legally obliged and wish to join the area, while the other two – Ireland and the United Kingdom – maintain opt-outs. All four European Free Trade Association (EFTA) member states – Iceland, Liechtenstein, Norway, and Switzerland – have signed the Schengen Agreement, even though they are outside the EU. In addition three European microstates – Monaco, San Marino, and the Vatican – can be considered as de facto within the Schengen Area as they do not have border controls with the Schengen countries that surround them; but they have not officially signed documents that make them part of Schengen. The Schengen Area currently has a population of over 400 million people and an area of 4,312,099 square kilometres (1,664,911 sq mi).^[1]

History

The Schengen Agreement was signed on 14 June 1985 by five of the then ten EU member states.^[2] The Schengen Area was established outside of the then European Community, when consensus could not be reached among all of its member states on the abolition of border controls.

In 1990, the Agreement was supplemented by the Schengen Convention which proposed the abolition of internal border controls and a common visa policy.^[3] The Agreements and the rules adopted under them were entirely separate from the EU structures, and led to the creation of the Schengen Area on 26 March 1995.^[4]

As more EU member states signed up to join the Schengen Area, agreement was reached on absorbing it into the EU. The Agreement and related conventions were incorporated into the mainstream of European Union law by the Amsterdam Treaty in 1997, which came into effect in 1999. A consequence of the Agreement being part of European law is that any amendment and regulation is made within its processes, to which the non-EU members are not participants. The UK and Ireland could not accept abolishing border controls, but were given a full opt-out from the agreement. The Scandinavian members required Norway and Iceland to be included, which was accepted, and so a consensus could be reached.

Membership

Austria

Belgium

Czech Rep.

Denmark

Estonia

Finland

France

Germany

Greece

Hungary

Italy

Latvia

Lithuania

Lux.

Malta

Netherlands

Poland

Portugal

Slovakia

Slovenia

Spain

Sweden

Iceland

Norway

Switz.

Bulgaria

Croatia

Cyprus

Romania

Liech.

United
Kingdom

Ireland

 Schengen Area (EU) 

 Schengen Area (non-EU) 

 Working to implement later 

 EU member states outside Schengen 

This is a clickable map

view

The Schengen Area currently consists of 26 states, including 4 which are not 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 associated with the Schengen activities of the EU.^[5] Switzerland was subsequently allowed to participate in the same manner in 2008. Liechtenstein joined the Schengen Area on 19 December 2011.^[6] De facto, the Schengen Area also includes three European micro-states, Monaco, San Marino and the Vatican City, that maintain open or semi-open borders with other Schengen member countries.^[7] Two EU members – Ireland and the United Kingdom – have negotiated opt-outs from Schengen and continue to operate the Common Travel Area systematic border controls with other EU member states.

The remaining four EU member states, Bulgaria, Croatia, Cyprus and Romania, are obliged to eventually join the Schengen Area. However before fully implementing the Schengen rules, each state must have its preparedness assessed in four areas: air borders, visas, police cooperation, and personal data protection. This evaluation process involves a questionnaire and visits by EU experts to selected institutions and workplaces in the country under assessment.^[8]

State	Area (km²)	Population[9]	Signed[Note 1]	Date of first implementation[Note 2]
Austria	7004838710000000000♠83,871	7006841463800000000♠8,414,638	01995-04-28-000028 April 1995[10]	01997-12-01-00001 December 1997[11][12][Note 3]
Belgium	7004305280000000000♠30,528	7007110070200000000♠11,007,020	01985-06-14-000014 June 1985[13]	01995-03-26-000026 March 1995[14]
Czech Republic	7004788660000000000♠78,866	7007105358110000000♠10,535,811	02003-04-16-000016 April 2003[15]	02007-12-21-000021 December 2007[16][Note 4]
Denmark        (excluding Greenland and the Faroe Islands[Note 5])	7004430940000000000♠43,094	7006556421900000000♠5,564,219	01996-12-19-000019 December 1996[20]	02001-03-25-000025 March 2001[21]
Estonia	7004452260000000000♠45,226	7006134019400000000♠1,340,194	02003-04-16-000016 April 2003[15]	02007-12-21-000021 December 2007[16][Note 4]
Finland	7005338145000000000♠338,145	7006539170000000000♠5,391,700	01996-12-19-000019 December 1996[22]	02001-03-25-000025 March 2001[21]
France        (excluding overseas departments and territories)	7005551695000000000♠551,695	7007639290000000000♠63,929,000	01985-06-14-000014 June 1985[13]	01995-03-26-000026 March 1995[14]
Germany[Note 6]	7005357050000000000♠357,050	7007817996000000000♠81,799,600	01985-06-14-000014 June 1985[13]	01995-03-26-000026 March 1995[14]
Greece	7005131990000000000♠131,990	7007108151970000000♠10,815,197	01992-11-06-00006 November 1992[23]	02000-01-01-00001 January 2000[24][Note 7]
Hungary	7004930300000000000♠93,030	7006997900000000000♠9,979,000	02003-04-16-000016 April 2003[15]	02007-12-21-000021 December 2007[16][Note 4]
Iceland[Note 8]	7005103000000000000♠103,000	7005318452000000000♠318,452	01996-12-19-000019 December 1996[25] 01999-05-18-000018 May 1999[26][Note 9]	02001-03-25-000025 March 2001[21]
Italy	7005301318000000000♠301,318	7007606815140000000♠60,681,514	01990-11-27-000027 November 1990[28]	01997-10-26-000026 October 1997[12][29][Note 10]
Latvia	7004645890000000000♠64,589	7006224535700000000♠2,245,357	02003-04-16-000016 April 2003[15]	02007-12-21-000021 December 2007[16][Note 4]
Liechtenstein[Note 8]	7002160000000000000♠160	7004360100000000000♠36,010	02008-02-28-000028 February 2008[30]	02011-12-19-000019 December 2011[31]
Lithuania	7004653030000000000♠65,303	7006320706000000000♠3,207,060	02003-04-16-000016 April 2003[15]	02007-12-21-000021 December 2007[16][Note 4]
Luxembourg	7003258600000000000♠2,586	7005511840000000000♠511,840	01985-06-14-000014 June 1985[13]	01995-03-26-000026 March 1995[14]
Malta	7002316000000000000♠316	7005417608000000000♠417,608	02003-04-16-000016 April 2003[15]	02007-12-21-000021 December 2007[16][Note 4]
Netherlands        (excluding Aruba, Curaçao, Sint Maarten and the Caribbean Netherlands)	7004415260000000000♠41,526	7007167037000000000♠16,703,700	01985-06-14-000014 June 1985[13]	01995-03-26-000026 March 1995[14]
Norway[Note 8]        (excluding Svalbard[Note 11])	7005385155000000000♠385,155	7006506370900000000♠5,063,709	01996-12-19-000019 December 1996[25] 01999-05-18-000018 May 1999[26][Note 9]	02001-03-25-000025 March 2001[21]
Poland	7005312683000000000♠312,683	7007381868600000000♠38,186,860	02003-04-16-000016 April 2003[15]	02007-12-21-000021 December 2007[16][Note 4]
Portugal	7004923910000000000♠92,391	7007106477630000000♠10,647,763	01991-06-25-000025 June 1991[33]	01995-03-26-000026 March 1995[14]
Slovakia	7004490370000000000♠49,037	7006544007800000000♠5,440,078	02003-04-16-000016 April 2003[15]	02007-12-21-000021 December 2007[16][Note 4]
Slovenia	7004202730000000000♠20,273	7006204895100000000♠2,048,951	02003-04-16-000016 April 2003[15]	02007-12-21-000021 December 2007[16][Note 4]
Spain        (with special provisions for Ceuta and Melilla[Note 12])	7005506030000000000♠506,030	7007460301090000000♠46,030,109	01991-06-25-000025 June 1991[35]	01995-03-26-000026 March 1995[14]
Sweden	7005449964000000000♠449,964	7006941557000000000♠9,415,570	01996-12-19-000019 December 1996[36]	02001-03-25-000025 March 2001[21]
Switzerland[Note 8]	7004412850000000000♠41,285	7006786650000000000♠7,866,500	02004-10-26-000026 October 2004[37]	02008-12-12-000012 December 2008[38][Note 13]
Schengen Area	7006418911100000000♠4,189,111	7008417597460000000♠417,597,460	01985-06-14-000014 June 1985[13]	01995-03-26-000026 March 1995[14]

Notes

Prospective members

Although Cyprus, which joined the EU in 2004, is legally bound to join the Schengen Area, implementation has been delayed 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.^[39] The Sovereign Base Areas, which are outside the EU, will also need "other handling and mechanisms".^[39] As of March 2011 no date has been fixed for implementation of the Schengen rules by Cyprus.^[40]

While Bulgaria and Romania, which joined the EU in 2007, are also legally bound to join the Schengen Area, implementation has been delayed. Bulgaria's and Romania's bids to join the Schengen Area were approved by the European Parliament in June 2011^[41] but rejected by the Council of Ministers in September 2011, with the Dutch and Finnish governments citing concerns about shortcomings in anti-corruption measures and in the fight against organised crime.^[42][43] Concern has also been expressed about the potential influx of illegal immigrants through Turkey to Bulgaria and Romania and then to Schengen countries.^[44] Although the original plan was for Schengen Area to open its air and sea borders with Bulgaria and Romania by March 2012, and land borders by July 2012,^[43] continued opposition from Germany, Finland and the Netherlands has delayed the two countries' entry to the Schengen Area.^[45][46]

With Croatia's accession to the EU on 1 July 2013, it is also legally bound to eventually join the Schengen Area. In March 2015, Croatia's Interior Minister Ranko Ostojic said that his country was ready to join the Schengen Area. He said that he would request that the EU conduct a technical evaluation, which would take a year and a half, beginning on 1 July.^[47][48]

State	Area (km²)	Population	Signed[Note 1]	Target decision date	Obstacles
Bulgaria	7005110994000000000♠110,994	7006736457000000000♠7,364,570	02005-04-25-000025 April 2005[49]	2015Not set[50]	Lack of consensus by the Council of Ministers that accession criteria have been met
Croatia	7004565940000000000♠56,594	7006429061200000000♠4,290,612	02011-12-09-00009 December 2011[51]	2016By 2016[52]	None
Cyprus	7003925100000000000♠9,251	7006109934100000000♠1,099,341	02003-04-16-000016 April 2003[15]	2016By 2016[53]	The Cyprus dispute
Romania	7005238391000000000♠238,391	7007201216410000000♠20,121,641	02005-04-25-000025 April 2005[49]	2015Not set[50]	Lack of consensus by the Council of Ministers that accession criteria have been met

Notes

Territories of Schengen states outside the Area

A clickable Euler diagram showing the relationships between various multinational European organisations and agreements.

There are territories of member states that are exempted from the Schengen Agreement. No area that is located outside Europe (except the Canary Islands and Madeira) is part of the Schengen Area. Some areas in Europe are also excluded.

The French overseas departments of French Guiana, Guadeloupe, Martinique, Mayotte and Réunion, and the overseas collectivity of 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 operates its own visa regime for non-European Economic Area (EEA), non-Swiss nationals. While a visa valid for one of these territories will be valid for all, visa exemption lists differ.^[54] A Schengen visa, even one issued by France, is not valid for these territories. A visa for Sint Maarten (which is valid for travelling to the Dutch side of the island of Saint Martin) is also valid for the French side.^[55] France also has several territories which are neither part of the EU nor the Schengen Area.^[56] These are: French Polynesia, French Southern and Antarctic Lands, New Caledonia, Saint-Pierre and Miquelon, and Wallis and Futuna.

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.^[57]

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,^[58] but it is difficult to visit Svalbard without travelling through the Schengen Area,^[58] although there are charter flights from Russia. In 2011 the Norwegian government imposed identity checks on individuals wishing to enter and leave Svalbard, with the border between Svalbard and the rest of Norway being treated as an external Schengen border.^[59] A Schengen visa must be multiple entry to allow returning to Norway.^[60] There is no welfare or asylum system for immigrants on Svalbard, and people incapable of supporting themselves may be sent away.^[60]

The Danish territories of the Faroe Islands and Greenland are neither part of the European Union nor the Schengen Area, though the Faroes are part of the Nordic 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.^[61]

EU member states with opt-outs

  EU member states participating

  EU member states not participating but obliged to join

  EU member states with an opt-out

  non-EU member states participating

  non-EU member states de facto participating

  non-EU member states with an open border

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 passport-free travel for their citizens between them and the three British Crown Dependencies of Jersey, Guernsey and the Isle of Man, which are outside the European Union.

The UK declined to sign up to the Schengen Agreement, 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".^[62] Ireland does not share the UK's view that free movement without border checks should apply only to EU citizens, but did not sign up to the Schengen Agreement 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".^[63]

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.^[64] 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.^[65]

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.^[66] 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.^[67]

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,^[68] that 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".^[69]

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.^[70]

Status of the European microstates

Liechtenstein has been a member of the Schengen Area since 2011. However, Liechtenstein does not issue visas, and recommends visitors to apply for a visa in another Schengen country, e.g. Switzerland.^[71] Liechtenstein has no border check at the Balzers heliport, so helicopters must go inside Schengen only.

The other four microstates are not party to the Schengen Agreement, cannot issue Schengen visas and, with the exception of Monaco, are not part of the Schengen Area. San Marino and the Vatican City are both landlocked states surrounded by Italy. As they both have open borders, they can be considered to be de facto within the Schengen Area, meaning they are not officially in an agreement but are accessible without any border controls. San Marino and the Vatican City do not perform border checks for arrivals from outside Schengen, but these are not needed since neither of them have any airports or seaports. Helicopters are not permitted to go from outside Schengen or from a ship directly to San Marino or the Vatican City.

Andorra retains border controls with both France and Spain. Citizens of EU countries are required to have either their national identity cards or passports to enter Andorra, while anyone else requires a passport or equivalent. Schengen visas are accepted,^[72] but 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.^[73]

Monaco has an open border with France. Schengen laws are administered as if it was part of EU. Both French and Monégasque authorities carry out checks at Monaco's seaport and heliport.

San Marino has an open border with Italy, although some random checks are made by Guardia di Finanza and San Marino's Guardia di Rocca.

Vatican City has an open border with Italy.^[74] In 2006 it showed interest in joining the Schengen agreement for closer cooperation in information sharing and similar activities covered by the Schengen Information System.^[75] Very exceptionally, Italy has allowed people to visit the Vatican City, without being accepted for an Italian visa, then being escorted by police between the airport and the Vatican, or using helicopter.

Regulation of internal borders

A typical Schengen border crossing has no border control post and only a common EU-state sign displaying the name of the country being entered, as here between Germany and Austria. The larger blue sign announces entry to the Federal Republic of Germany in German, the smaller white sign announces entry into the German state of Bavaria.

Wikimedia Commons has media related to Internal Schengen borders.

Before the implementation of the Schengen Agreement, most borders in 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.

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.^[76] Thus, road, rail and air passengers no longer have their identity checked by border guards when travelling between Schengen countries, although security controls by carriers are still permissible.^[77] Travellers should still bring a passport or a national identity card, and it might be required.

In-country checks

Although travellers within the Schengen Area are no longer required to show documents at an internal border (although there have been some controversial instances when they have), the laws of most countries still require them to carry identity documents.^[78] Thus, foreigners with a valid residence permit in a Schengen State and carrying valid documents can travel within the territory and do not need any special permission to do so. It is the obligation of everyone travelling within the area to be able to show a fully valid form of personal identification approved by other Schengen States.^[79]

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.^[80] 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.

The Schengen regulation on crossing internal borders^[81] describes the checks for foreigners done by the police at suitable places inside each country.

Customs controls

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 VAT area are inevitable. Some other countries want to have customs controls targeted at illegal goods, such as drugs. To avoid customs controls becoming the new passport controls on internal Schengen borders, the Schengen Borders Code prohibits systematic customs and tax controls.^[82]

Air travel

For flights within the Schengen Area (either between Schengen member states or within the same Schengen member state), law enforcement agencies, airport authorities and air carriers are only permitted to carry out security checks on passengers and may not carry out border checks.^[83][84] Such security checks can be conducted through the verification of the passenger's passport or national identity card:^[85][86] Such a practice must only be used to verify the passenger's identity (for commercial or transport security reasons) and not his or her immigration status.^[84] For this reason, law enforcement agencies, airport authorities and air carriers cannot require air passengers flying within the Schengen Area who are third-country nationals to prove the legality of their stay by showing a valid visa or residence permit.^[84] In addition, according to European Commission guidelines, identity checks on air passengers flying within the Schengen Area should take place only either at check-in, or upon entry to the secured zone of the airport, or at the boarding gate: passengers should not be required to undergo a verification of their identity on more than one occasion before their flight within the Schengen Area.^[84] The requirements as to which identity document to possess varies by country and airline. Normally a passport or EU national identity card is needed.

However, certain flights between Schengen countries are considered as non-Schengen flights. For example, travellers flying on LAN between Madrid-Barajas Airport and Frankfurt Airport are required to go through Schengen exit border checks upon departure in Madrid and Schengen entry border checks upon arrival in Frankfurt because the route originates from Santiago (Chile) and the German authorities would have no way of differentiating between arriving passengers who boarded in Santiago and those who joined in Madrid.^[87]

Border controls

A Schengen state is permitted to reinstate border controls with another Schengen country for a short period where there is a serious threat to that state's "public policy or internal security" or when the "control of an external border is no longer ensured due to exceptional circumstances".^[88] When such risk arise out of foreseeable events, the state in question must notify the European Commission in advance and consult with other Schengen states.^[89]

In April 2010 Malta introduced temporary checks due to Pope Benedict XVI's visit.^[90]

Estonia introduced temporary checks in September 2014 due to the visit of American President Barack Obama.

Danish customs controls proposal

In July 2011, Denmark tightened its customs controls in what the Danish government claimed was a measure designed to counter illegal immigration and organised crime.^[91] This was criticised by Germany and the EU commission who argued that the Danish move was contrary to the principle of freedom of movement.^[92][93]

EU Commissioner for Home Affairs Cecilia Malmström wrote in her blog in May 2011 that the Danish measures could be in breach of EU law.^[94] In July 2011, Malmström blogged as follows: "We are currently assessing all the information submitted by Denmark concerning their plans to reinforce customs controls at the borders. But the final decision on whether the Danish rules are in line with EU law will also depend on how they are put in practice. This is why, in agreement with the Danish authorities, I have today decided to send Commission experts to Denmark tomorrow to asses [sic] how the measures have been implemented."^[95] Later in July 2011, Malmström expressed her concern that the mission of experts "did not give us the clarifications we were hoping for."^[96]

In October 2011, the newly elected government of Helle Thorning-Schmidt (Social Democrats Party) abolished her predecessor's border control plan and reintroduced normal Schengen procedure.^[97]

French controls against migrants from northern Africa

Following the Tunisian revolution of 2010–11, the government of Italy gave six-month residence permits to some 25,000 Tunisian migrants.^[98][99] This allowed the migrants to travel freely in the Schengen Area. In response, both France and Germany threatened to impose border checks, not wanting the Tunisian refugees to enter their territory.^[99] In April 2011, for several hours, France blocked trains carrying the migrants at the French/Italian border at Ventimiglia.^[99]

At the request of France, in May 2011 the European Commissioner for Home Affairs, Cecilia Malmström proposed that more latitude would be available for the temporary re-establishment of border control in the case of strong and unexpected migratory pressure, or the failure of a state to protect the external borders of the EU.^[98]

On 25 July 2011, in delivering the European Commission's final assessment on the measures taken by Italy and France,^[100] the Home Affairs Commissioner said, "[f]rom a formal point of view steps taken by Italian and French authorities have been in compliance with EU law. However, I regret that the spirit of the Schengen rules has not been fully respected."^[100] Ms. Malmström also called for a more coherent interpretation of the Schengen rules and a stronger evaluation and monitoring system for the Schengen Area.^[100]

The European Commission is expected to unveil revised rules governing the possible temporary re-establishment of internal border controls in September 2011.^[101]

Regulation of external borders

Passport control at an external Schengen border in Finland

Participating countries are required to apply strict checks on travellers entering and exiting the Schengen 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.^[102]

Border checks

All persons crossing external borders – inbound or outbound – have to be subject to at least a minimum check, although travellers who are neither EU, EEA or Swiss citizens nor their family members enjoying the right of free movement must, in general, be subject to a thorough check.^[103] The only exception is for regular cross-border commuters (both those with the right of free movement and third-country nationals) who are well known to the border guards: once an initial check has shown that there is no alert on record relating to them in the Schengen Information System or national databases, they can only be subject to occasional 'random' checks, rather than systematic checks every time they cross the border.^[104][105]

In 'exceptional' and 'unforeseen' circumstances where waiting times become excessive, external border checks can be relaxed on a temporary basis.^[106]

Border guards carry out the following procedures when checking travellers who cross external borders:

As shown by the table above, because many procedures are optional, border guards have discretion in deciding how rigorously they check travellers at external border crossing points. As a result, the length of time taken to perform checks differs between Schengen countries. For example, an entry check for an EU, EEA or Swiss citizen takes around 5 seconds on average in Italy, whilst in Norway, on average it takes around 1-minute.^[113] The disparities in checks on third-country nationals are even greater. For example, an entry check for an Annex II national takes around 15 seconds on average in Greece, whilst it takes 3–5 minutes on average in Slovakia.^[112][114] Similarly, an entry check for an Annex I national on average lasts around 30–60 seconds in The Netherlands, whilst in Latvia, it lasts around 2–5 minutes on average.^[112]

When carrying out checks at external borders, border guards are, by law, required to respect the dignity of travellers (particularly in cases involving vulnerable persons)^[119] and are forbidden from discriminating against persons based on their sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.^[120]

External border controls are located at roads crossing a border, at airports, at seaports and on board trains.^[121] Usually, there is no fence along the land border, but there are exceptions like the Ceuta border fence, and some places at the eastern border.^[122] 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, where at some points there is a camera every 186 metres (203 yards).^[123]

All travellers arriving from outside the Schengen Area using their own air plane or boat, have to go directly to an airport or seaport having a border control. This is a loophole hard to check, and large-scale drug smuggling using sail boats has been found. Along the southern coast of the Schengen countries, coast guards make a substantial effort to prevent private boats from entering without permission.

At many external border crossing points, there are special lanes for EU, EEA and Swiss citizens (as well as their family members) and other lanes for all travellers regardless of nationality.^[124] At some external border crossing points, there is a third type of lane for travellers who are Annex II nationals (i.e. non-EU/EEA/Swiss citizens who are exempt from the visa requirement).^[125] Although Andorran and San Marinese citizens are not EU or EEA citizens, they are nonetheless able to use the special lanes designated for EU, EEA and Swiss citizens.^[126]

At the following external border crossing points, automated border gates are available for EU, EEA and Swiss citizens aged 18 or over holding biometric passports:

•  Czech Republic: Prague Václav Havel Airport^[127][128]
•  Estonia: Tallinn Airport^[129][130]
•  Finland: Helsinki Airport, Port of Helsinki and Vaalimaa (Also available for holders of Canadian, Japanese, South Korean and United States biometric passports at Helsinki Airport, and for Russian citizens at the Port of Helsinki.)^{[131][132][133][134][135][136]}
•  France: Marseille Provence Airport, Paris-Charles de Gaulle Airport and Paris-Orly Airport (Also available for holders of EU, EEA and Swiss non-biometric machine readable passports, as well as family members of EU, EEA and Swiss citizens holding a residence permit marked 'Family member of EU citizen'. All users who do not hold a French biometric passport need to register first.)^[137]
•  Germany: Düsseldorf Airport, Frankfurt Airport,^[138] Hamburg Airport^[139] and Munich Airport^[140] (Also for German biometric identity card holders. In addition, ABG Plus iris recognition automated border control is available for registered United States citizens who are members of Global Entry at Frankfurt Airport.)^[141]
•  Latvia: Riga Airport^[142]
•  Netherlands: Amsterdam Schiphol Airport^[143] (In addition, Privium iris recognition automated border control is available for registered United States citizens who are members of Global Entry and diplomatic passport holders.)
•  Norway: Oslo Airport, Gardermoen^[144]
•  Portugal: Faro Airport, Funchal Airport, Lisbon Portela Airport, Ponta Delgada Airport, Porto Airport (Also for holders of a Portuguese non-biometric passport, Portuguese identity card, Angolan passport, Brazilian passport or diplomatic/service pasport at Lisbon Portela Airport.)
•  Spain: Barcelona El Prat Airport, Madrid-Barajas Airport and Málaga Airport (Also for holders of a Spanish identity card)^[111][145]

The additional obligations imposed by European law on national border authorities when it comes to processing travellers who are third-country nationals (e.g. the obligation to stamp their travel documents) should not prevent the development of automated border control systems which are made available to such travellers. As shown by the examples listed above of automated border control systems which have been developed at external border crossing points of the Schengen Area, national border authorities have been able to adapt the design of their automated border control systems to allow third-country nationals to make use of them. One solution is to have a border guard physicially positioned next to the automated border gates who can stamp travel documents where required: this approach has been adopted by the Finnish Border Guard at the automated border gates in Helsinki Airport, where eligible users (who are required to receive a passport stamp) include holders of Canadian, Japanese, South Korean and United States biometric passports,^[134][131] as well as by the Portuguese Serviço de Estrangeiros e Fronteiras at the automated border gates in Lisbon Airport where eligible users (who are required to receive a passport stamp) include holders of Angolan and Brazilian passports and holders of diplomatic/service passports. A similar but slightly different solution has been adopted by the Dutch Royal Marechaussee at the Privium iris recognition automated border gates at Amsterdam Schiphol Airport (where eligible users include registered EU/EEA/Swiss citizens, US citizens who are Global Entry members, and all nationals who are holders of diplomatic passports), as well as by the German Federal Police at the ABG Plus iris recognition automated border gates at Frankfurt Airport (where eligible users include registered EU/EEA/Swiss citizens and US citizens who are Global Entry members): when eligible third-country nationals use Privium/ABG Plus, after their iris is scaned and verified, a different gate opens to that for EU/EEA/Swiss citizens and the third-country national user is directed to a lane which leads them to the front of the queue for manual passport checks at immigration desks, where the border officer stamps the user's passport. Another possible solution would be to design the automated border gates to print a paper slip with an entry or exit stamp on it, as well as the user's name and travel document number, whenever the user is a traveller who is subject to the requirement to have his/her travel document stamped.^[146] At the Port of Helsinki, the Finnish Border Guard has adapted the design of the automated border gates there to widen eligibility to include Russian citizens (who, as Annex I nationals, are required to have a visa) by requiring them to scan both the biodata page and the visa inside their passport, then to step into the gate for a facial image and fingerprint recognition, and after the gate opens to approach a border officer to have their passport stamped.^[131]

Sometimes, external border controls are located on non-Schengen territory, but inside the EU. For example, France operates border checks at juxtaposed controls on travellers departing the United Kingdom for the Schengen Area before they board their train or ferry at St Pancras International, Ebbsfleet International and Ashford International railway stations, as well as at the Port of Dover and Cheriton Eurotunnel terminal.^[147][148] And some British border controls are located in France and Belgium.

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.^[149] This is to prevent persons from applying for asylum at the passport control at airports or boat ports in the Schengen Area. There are penalties on carriers who transport foreign nationals without correct travel documents, something that makes carriers act like a passport control authority.

Short-stay and transit visas

European Union visa lists

  EU member states

  Other Schengen members and special territories of EU and Schengen members

  Visa-free access to the Schengen states for 90 days in any 180 day period, although some Annex II nationals can enjoy longer visa-free access in some circumstances (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

Facilitated Rail Transit Document

The rules applicable to short-term entry visas into the Schengen Area are set out in EU regulations which contain two lists: a list of the nationalities (or classes of travel document holder) which require a visa for a short-term stay (the Annex I list) and a list which do not (the Annex II list).^[150]

Being listed in the visa-free list will sometimes but not always exempt the listed nationality or class from the requirement to obtain a work permit if they wish to take up employment or self-employed activity during their stay; business trips are not normally considered employment in this sense.^[151]

Schengen Visa Fee

In accordance with the guidelines of the European Union, any Schengen visa application has to be accompanied by a payment of visa fees. The fees (Processing + Visa) are to be paid on the day the application is being submitted and are normally payable only in the local currency equivalent. They are not refundable regardless of the outcome of the application. However, discounted fees are provided to some groups; and are waived for pupils/students on an official school/university trip, spouses and minor children of EU nationals, and children below six years of age regardless of nationality.

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 national is a person who does not enjoy the right of free movement (i.e. a person who is not an EU, EEA or Swiss citizen, nor a family member of such a person who is in possession of a residence permit with the indication "family member of an EU citizen" or "family member of an EEA or CH citizen").

The entry requirements for third country nationals who intend to stay in the Schengen Area for not more than 90 days in any 180 day period are as follows:^[152]

• He/she 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;^[153]
• The travel document must be valid for at least 3 months after the intended date of departure from the Schengen Area (although in a justified case of emergency this obligation may be waived) and must have been issued within the previous 10 years^[154]
• 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.

However, even if the third-country national does not fulfil the criteria for entry, admission may still be granted:^[155]

• On humanitarian grounds
• On grounds of national interests
• On grounds of international obligations
• If the person is not in possession of a visa, but fulfils the criteria for being issued a visa at the border
• If the person holds a residence permit or a re-entry visa issued by a Schengen state

Schengen visa in a Russian passport

Border guards are required to stamp the travel documents of third-country nationals when they cross external borders at all times, even in extraordinary and unforeseen circumstances, including when checks are relaxed.^[156] However, nationals of Andorra, Monaco, San Marino and Vatican City are exempt from this requirement, as are heads of state, whose visits were announced through diplomatic channels, and holders of local border traffic permits and residence permits.^[157] Certain exemptions also apply to the crews of ships and aircraft.^[158] Third-country nationals who otherwise fulfil all the criteria for admission into the Schengen area must not be denied entry for the sole reason that there is no remaining empty space in their travel document to affix a stamp; instead, the stamp should be affixed on a separate sheet of paper.^[159]

Wikimedia Commons has media related to Schengen zone passport stamps.

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  Exit stamp for air travel issued at Prague airport.

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  Exit stamp for rail travel, issued at Bad Schandau train station.

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  Exit stamp for road travel, issued at Korczowa border crossing.

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  Exit stamp for sea travel, issued at Helsinki port.

Stays in excess of 90 days

For stays in the Schengen Area as a whole which exceed 90 days, a third-country national will need to hold either a long-stay visa for a period no longer than a year, or a residence permit for longer periods. A long-stay visa is a national visa but is issued in accordance with a uniform format. It entitles the holder to enter the Schengen Area and remain in the issuing state for a period longer than 90 days but no more than one year. If a Schengen state wishes to allow the holder of a long-stay visa to remain there for longer than a year, the state must issue him or her with a residence permit.

The holder of a long-stay visa or a residence permit is entitled to move freely within other states which comprise the Schengen Area for a period of up to three months in any half-year.^[160] Third-country nationals who are long-term residents in a Schengen state may also acquire the right to move to and settle in another Schengen state without losing their legal status and social benefits.^[161]

Asylum seekers who request international protection under the Geneva Convention from a Schengen member state are not issued a residence permit, but are instead issued, within 3 days of the application being lodged, an authorisation to remain on the territory of the member state while the application is pending or being examined. This means that, whilst their application for refugee status is being processed, asylum seekers are only permitted to remain in the Schengen member state where they have claimed asylum and are not entitled to move freely within other states which comprise the Schengen Area.^[162] Successful applicants who have been granted international protection by a Schengen member state are issued residence permits which are valid for at least 3 years and renewable, whilst applicants granted subsidiary protection by a Schengen member state are issued residence permits valid for at least 1-year and renewable, unless there are compelling reasons relating to national security or public order. Family members of beneficiaries of international or subsidiary protection from a Schengen member state are issued residence permits as well, but their validity can be shorter.^[163] Applicants who have been granted temporary protection by a Schengen member state (as well as their reunited family members) are issued residence permits valid for the entire period of temporary protection.^[164]

However, some third-country nationals are permitted to stay in the Schengen Area for more than 90 days without the need to apply for a long-stay visa. For example, France does not require citizens of Andorra, Monaco, San Marino and the Vatican City to apply for a long-stay visa.^[165] In addition, Article 20(2) of the Convention implementing the Schengen Agreement allows for this 'in exceptional circumstances' and for bilateral agreements concluded by individual signatory states with other countries before the Convention entered into force to remain applicable. As a result, for example, New Zealand citizens are permitted to stay for up to 90 days in each of the Schengen countries (Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Luxembourg, The Netherlands, Norway, Poland, Portugal, Spain, Sweden and Switzerland) which had already concluded bilateral visa exemption agreements with the New Zealand Government prior to the Convention entering into force without the need to apply for long-stay visas,^{[166][167][168][169][170]} but if travelling to other Schengen countries the 90 days in a 180-day period time limit applies.

Entry conditions for third-country family members of EEA nationals

The right of entry into the EEA (includes Schengen countries except Monaco) without additional visa was extended to the third-country 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.^[171][172] 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)). If the non-EEA family member has neither an EEA residence card nor a visa, but can show their family tie with the EU national by other means, then a visa must be issued at the border free of charge and entry permitted.^[173][174] However, this requirement has been incorrectly transposed into Belgian, Latvian and Swedish law, and not transposed at all by Austria, Denmark, Estonia, Italy, Lithuania, Germany and Slovenia.^[175]

Five member states (as of December 2008), do not follow the Directive to the effect that non-EEA family members may still face difficulties (denial of boarding the vessel by the transport company, denial to enter by border police) when travelling to those states using their residence card gained in another EU country. A visa or other document(s) may still be required.^[175]

For example, the UK interprets "residence card" in Article 5(2) of the Directive to mean "UK" residence card, and ignores other cards, instead requiring an "EEA family permit" contrary to the Directive.^[176] Showing the family tie with the EU national by other means (as mentioned above) should circumvent this. Denmark and Ireland do not prescribe that a valid residence card will exempt non-EEA family members from the visa requirement.^[177][178] Spain only permits residence cards from Schengen countries, therefore cards from the UK, Ireland, Bulgaria, Romania, and Cyprus are not allowed. The Spanish legislation is not in conformity with the Directive.^[179] Austria, somewhat like the UK, seems to require a permanent residence card issued by the Austrian authorities to enter without visa.^[180]

Local border traffic at external borders

Schengen states which share an external land border with a non-EU member state are authorised by virtue of the EU Regulation 1931/2006 to conclude or maintain bilateral agreements with neighbouring third countries for the purpose of implementing a local border traffic regime.^[181] Such agreements define a border area which may extend to a maximum of 50 kilometres (31 mi) on either side of the border, and provide for the issuance of local border traffic permits to residents of the non-Schengen side of the border area. Permits may be used to cross the external border within the border area, are not stamped on entry or exit of the Schengen Area and must display the holder's name and photograph, 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.

Permits are issued with a validity period of between one to five years and allow for a stay within the Schengen side of the border area of up to three months. Permits may only be issued to lawful residents of the border area who have been resident in the border area for a minimum of one year (or longer if specified by the bilateral agreement). Applicants for a permit have to show that they have legitimate reasons to cross frequently an external land border under the local border traffic regime. 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.

Holders of local border traffic permits are able to spend up to 3 months every time they enter the border area of the Schengen country which has issued the permit (this time limit is far more generous than the "90 days in a 180 day period" normally granted to third-country nationals visiting the Schengen Area).^[182]

Before the conclusion of an agreement with a neighbouring country, the Schengen state must receive approval from the European Commission, which has to confirm that the draft agreement is in conformity with the Regulation. The agreement may only be concluded if the neighbouring state grants at least reciprocal rights to EEA and Swiss nationals resident on the Schengen side of the border area, and agrees to the repatriation of individuals found to be abusing the border agreement.

As of July 2012 seven local-traffic agreements have come into force. Three of them are Hungary-Ukraine in January 2008, Slovakia-Ukraine in September 2008 and Poland-Ukraine in July 2009.^[183] As an EU member, in anticipation of its admission into the Schengen Area, Romania has agreed an local-traffic agreement with Moldova which entered into force in October 2010.^[183] The fifth is the one between Latvia and Belarus, which began to operate in February 2012.^[184] Agreements between Poland and Russia (Kaliningrad Area),^[185] and Norway and Russia are also in effect.

The agreement between Poland and Belarus had been due to enter into force by 2012,^[186] but was delayed by Belarus,^[187] with no implementation date set (as of Oct 2012)^[188]

In late 2009, Norway began issuing one-year multiple-entry visas, without the usual requirement of having family or a business partner in Norway, called Pomor-Visas, to Russians from Murmansk Oblast, and later to those from Arkhangelsk Oblast.^[189] Finland is not planning border permits, but has issued over one million regular visas for Russians in 2011, and many of them multiple-entry visas. The EU is planning to allow up to 5-year validity on multiple-entry visas for Russians^[190]

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,^[191] while on 8 November 2010 it did the same for Albania and Bosnia and Herzegovina.^[192] The former took effect on 19 December 2009,^[150] while the latter on 15 December 2010.^[193]

Citizens of Kosovo holding Kosovo 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 liberalisation road-map for Kosovo is expected to be announced and negotiated in the near future.^{[194][195][196]}

Visa liberalisation 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 travellers), 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.^{[197][198][199]}

Police and judicial co-operation

To counter the potentially aggravating effects of the abolition of border controls on undocumented immigration and cross-border crime, the Schengen acquis contains compensatory police and judicial measures.^[200] Chief among these is the Schengen Information System (SIS),^[200] a database operated by all EU and Schengen states and which by January 2010 contained in excess of 30 million entries. The Schengen Agreement also permits police officers from one participating state to follow suspects across borders both in hot pursuit^[201] and to continue observation operations, and for enhanced mutual assistance in criminal matters.^[202]

The Schengen Convention also contained measures intended to streamline extradition between participating countries however these have now been subsumed into the European Arrest Warrant system.^[203]

Legal basis

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 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.^[204] 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".^[205]

The Schengen Agreement and the Schengen Convention

The Schengen Area originally had its legal basis outside the then European Economic Community, having been established by a sub-set of member states of the Community using two international agreements:

• The 1985 Schengen Agreement – 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 1990 Schengen Convention – 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.

On being incorporated into the main body of European Union law by the Amsterdam Treaty, the Schengen Agreement and Convention were published in the Official Journal of the European Communities by a decision of the Council of Ministers.^[206] As a result the Agreement and Convention can be amended by regulations.

See also

• Freedom of movement#Residence_restriction
• Central America-4 Border Control Agreement
• FADO
• Mechanism for Cooperation and Verification
• Prüm Convention
• Public Register of Travel and Identity Documents Online (PRADO)
• Visa policies in the European Union
• Visa policy of the Schengen Area

Notes

External links

• Schengen, Borders & Visas, Visa policy (europa.eu)
• Calculator of travel days remaining under a Schengen short-stay visa (ec.europa.eu) Retrieved 2 March 2014.
• "The Schengen area and cooperation". europa.eu. 3 August 2009. Retrieved 11 September 2011. 

The Schengen Agreement and the Schengen Convention

• 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 September 2000, p. 19). (Consolidated version).
• 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 September 2000, p. 13).

European Union Regulations

• 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) (OJ L 105, 13 April 2006, p. 1).
• 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 (OJ L 81, 21 March 2001, p. 1).
• Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual (OJ L 99, 17 April 2003, p. 8).
• Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14 July 1995, p. 1).
• 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 September 2009, p. 1).
• Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28 December 2006, p. 4).
• Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 50, 25 February 2003, p. 1); also referred to as the Dublin Regulation.
• Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6 August 2008, p. 1).

Visa policies and requirements in the European Union Schengen Area Common Travel Area Special territories     1 Policy / Requirements Policy / Requirements Policy / Requirements Overseas Visa policy of the British Overseas Territories • Visa policy of the French overseas departments and territories • Visa policy of the Kingdom of the Netherlands in the Caribbean Candidates Albania • Macedonia • Montenegro • Serbia • Turkey 1 - Includes EFTA states.