Schengen Agreement - The Basics
Background and Rules Governing Free Travel Amongst European Nations
The Schengen Agreement, providing for a free travel zone across Europe for citizens of member nations, has been fully integrated into the laws of the European Union.
Original members Belgium, France, Germany, Luxembourg and the Netherlands created and signed the Schengen Agreement on June 14, 1985, intending to create a “territory without borders” and provide a common policy for the temporary entry of persons and cross-border policing and cooperation.
Almost 23 years later, the Schengen rules now apply to most European countries, covering over 400 million people and an area in excess of 4.25 million square kilometers. The current body of law governs the freedom of movement of participating countries’ citizens across common borders (using a common Schengen visa), and improves cooperation and coordination between police and judicial authorities to safeguard internal security.
Definition of Schengen Acquis
The basis of the Schengen Agreement is contained in two documents:
- Schengen I (1985): "Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the graduation abolition of checks at their common borders." This document provided for simple visual surveillance of private vehicles crossing common borders at a reduced speed without stopping. Such vehicles were to be identified by a green disc affixed to the windshield.
- Schengen II/CIS (1990): "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." This document formalized the implementation of rules contained in Schengen I.
The Treaty of Amsterdam, signed in 1997 and enforceable as of May 1, 1999, incorporates into the law of the European Union the entire Schengen Agreement along with its subsequent changes and addenda. This complete body of legal provisions is now known as the Schengen Acquis.
Member Nations
As of March 2008, the Schengen Agreement has 31 participating member nations, including 27 from the European Union and four non-EU countries. The member countries, with the year they opted into the agreement, are (P indicates partial implementation):
- Austria - 1995
- Belgium - 1985
- Bulgaria (P) - 2007
- Cyprus (P) - 2004
- Czech Republic - 2004
- Denmark - 1996
- Estonia - 2004
- Finland - 1996
- France - 1985
- Germany - 1985
- Greece - 1992
- Hungary - 2004
- Iceland - 1996
- Ireland (P) - 2000
- Italy - 1990
- Latvia - 2004
- Liechtenstein (P) - 2008
- Lithuania - 2004
- Luxembourg - 1985
- Malta - 2004
- Netherlands - 1985
- Norway - 1996
- Poland - 2004
- Portugal - 1992
- Romania (P) - 2007
- Slovakia - 2004
- Slovenia - 2004
- Spain - 1992
- Sweden - 1996
- Switzerland (P) - 2004
- United Kingdom (P) - 1999
Full integration is expected to be completed by Switzerland and Liechtenstein in November 2008, Cyprus in 2009, and Bulgaria and Romania in March 2011. Ireland and the United Kingdom will continue with their partial implementations, preferring to maintain their border controls for security reasons.
Main Measures Contained in the Acquis
- Removal of checks at common borders, replaced by external border checks
- Creation of a common definition of the conditions necessary for crossing external borders and uniform rules and procedures for checks at those locations
- Air terminal and port separation of travelers within the Schengen area from those arriving from countries outside the zone
- Harmonizing requirements of entry and visas for short stays
- Coordination between administration on surveillance of borders
- Definition of the role of carriers regarding the prevention of illegal immigration
- Introduction of cross-border rights of surveillance and police pursuit in the Schengen States
- Creation of rules governing responsibility for examining applications from asylum seekers (Dublin Regulation)
- Introduce cross-border rights of surveillance and police pursuit within the Schengen States
- Strengthening of judicial cooperation through a faster extradition system and quicker distribution of information about the enforcement of criminal judgments
- Creation of the Schengen Information System (SIS)
References
“The Amsterdam Treaty.” Europa/European Communities. 2008.
“The Free Zone.” Schengen.com. January 9, 2008.
“The Schengen Acquis.” Official Journal of the European Communities. September 22, 2000.
“The Schengen area and cooperation.” Europa/European Communities. October 12, 2007.
