Schengen acquis - Agreement between the Governments of the States of the Benelux Economic Union, Germany and France on the gradual abolition of checks at their common borders - Main contents

Summary of Legislation
Legislative text

1. Summary of Legislation

The Schengen area and cooperation

SUMMARY OF:

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

The Schengen acquis — Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders

WHAT IS THE AIM OF THE SCHENGEN AREA?

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

KEY POINTS

Cooperation

Schengen cooperation has developed from an initial plan between a few governments into a fully fledged EU policy area in the following stages:

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1985: Belgium, the Netherlands and Luxembourg (Benelux), the Federal Republic of Germany and the Republic of France (5 of the then 10 European Economic Community (EEC) countries, now EU countries) sign an agreement, in the Luxembourg village of Schengen, on the gradual abolition of their internal border controls;
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1990: the same 5 countries sign the Schengen convention supplementing the agreement and laying down the measures and safeguards to put the policy of no internal border controls into effect;
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1995: implementation of the Schengen agenda begins with the participation of 7 EU countries;
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1997: the Treaty of Amsterdam brings Schengen cooperation between some governments into the EU’s legal framework.

Membership

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From 5 founding members, the Schengen area now includes all 27 EU countries apart from Ireland (Bulgaria, Croatia, Cyprus and Romania are also Schengen countries but do not apply as yet the whole Schengen acquis).
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Non-EU countries Iceland, Norway, Switzerland and Liechtenstein are also members of the Schengen area.

Internal border checks in practice

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

External borders

The Schengen area has gradually tightened controls on its external borders, integrating them into a single set of rules. This now covers:

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people crossing an EU external border and how checks should be conducted, according to the Schengen Borders Code;
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harmonisation of entry conditions with a common visa policy and rules on short stay visas (up to 3 months);
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greater police cooperation with rights of cross-border surveillance and hot pursuit;
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stronger judicial cooperation through a faster extradition system and transfer of enforcement of criminal judgments.

Schengen Information System (SIS)

This large-scale computer database:

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supports external border control and law enforcement cooperation between Schengen countries;
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was created in 1995 and subsequently expanded, most recently in 2018 because of the new migration and security challenges;
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contains information on
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  suspected criminals
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  individuals who may not have the right to enter or stay in the EU
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  missing persons
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  stolen, misappropriated or lost property;

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is used by national authorities responsible for:
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  border controls
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  police and customs checks
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  public prosecutions in criminal proceedings and judicial inquiries prior to charge
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  visas and residence permits;

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may be accessed by the European Union’s law enforcement agency (Europol) and the European Union Agency for Criminal Justice Cooperation (Eurojust), and the European Border and Coast Guard Agency (Frontex).

Visa Information System (VIS)

This allows Schengen members to share visa data, especially on short-term visa applications. Like the SIS, it is operated by the EU Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA).

Membership conditions

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

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control their external borders and issue uniform Schengen visas;
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cooperate with other national law enforcement agencies to operate a high level of security;
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apply the common set of Schengen rules (known as the Schengen acquis), such as land, sea and air border controls, issue visas, support police cooperation and protect personal data;
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use the SIS.

DATE OF ENTRY INTO FORCE

The implementation of the Schengen Agreement, originally involving 7 EU countries, entered into force on 26 March 1995, abolishing internal border controls .

BACKGROUND

For more information, see:

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Schengen area (European Commission).

MAIN DOCUMENTS

2. Legislative text

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

Contents

1.

Summary of Legislation

2.

Legislative text