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SCHENGEN Your Gateway to Free Movement in Europe Notice SCHENGEN Your gateway to free movement in Europe Notice This publication is produced by the General Secretariat of the Council and is intended for information purposes only. It does not involve the responsibility of the EU institu- tions or the member states. For further information on the European Council and the Council, see the website: www.consilium.europa.eu or contact the Public Information Service of the General Secretariat of the Council: Rue de la Loi/Wetstraat 175 1048 Bruxelles/Brussel BELGIQUE/BELGIË www.consilium.europa.eu/infopublic Visit our website:website: www.consilium.europa.eu More information on the European Union is available on www.europa.eu. Luxembourg: Publications Office of the European Union, 2018 Previous edition: 2015 Print ISBN 978-92-824-6266-9 doi:10.2860/62582 QC-QC-07-17-127-EN-C PDF ISBN 978-92-824-6286-7 doi:10.2860/290668 QC-QC-07-17-127-EN-N © European Union, 2018 Reproduction is authorised provided the source is acknowledged. © Photos: Fotolia.com, Frontex For use or reproduction of photos or other material that is not under the EU copyright, permission must be sought directly from the copyright holder. SCHENGEN Your gateway to free movement in Europe Introduction Police and customs cooperation cooperation customs and Police borders theinternal at freely withoutcontrols move to Right Schengen map map Schengen Asylum Visas cooperation Judicial (SIS) System Information - Schengen - External borders borders - Internal TABLE OF CONTENTS OF TABLE ................................................................................................ ............................................................................................. ....................................................................................... ................................................................................... ................................................................................. ............................................................................. .............................................................. ......................................................... ........................... 10 5 3 9 8 8 6 6 5 5 ©©Y Y.L.L.L PhPhotoototograg phiphphih ese –F– Fotoototolialilia.co.com INTRODUCTION Schengen, a village in southern Luxembourg on the river Moselle, located where the territories of the initial contracting parties of the Schengen Agreement (France, Germany and the Benelux States) meet, has become a synonym for the abolition of internal border controls and for free movement in Europe. The evolution of the Schengen area has been a gradual one: • It was born on 14 June 1985 when five countries (Belgium, France, Germany, Luxembourg and the Netherlands) signed the Schengen Agreement. • Five years later, the Schengen Convention set out how the abolition of checks at internal borders would be applied in practice. It also established a series of neces- sary compensatory measures to strengthen external border checks, define proce- dures for issuing uniform visas, take action against drug trafficking and establish a common system for information sharing – the Schengen Information System (SIS). • The actual abolition of border controls started on 26 March 1995, when seven countries (the initial five plus Portugal and Spain) abolished checks at their internal borders. March 2018 | EN | SCHENGEN 3 the abolition of internal border controls, but also visas, asylum asylum visas, butalso controls, border the abolition ofinternal concern only not area ontheSchengen therules Therefore, justice. cross-border and crim withcross-border deal to how as such policy other for areas, consequences has controls border The abolition ofinternal everyone. correctly by applied uponagreed are therules that sure make to theEU by evaluated regularly is country Schengen Each • Kingdom donot theUnited and Ireland Cyprus, specific situations, their Due to • with border controls internal withthelifting oftheremaining thefuture, In • expanding, been has steadily controls border withoutinternal thearea then, Since 4 1 part itisnolongerconsidered formally ofthe theSchengenConvention, by Whilst asylumwasinitiallycovered and judicial cooperation. judicial and SCHENGEN apply the Schengen rules in full. full. in rules theSchengen apply compass 29 European countries. en- will controls border withoutinternal thearea Romania, and Croatia Bulgaria, Liechtenstein. and Switzerland Norway, –Iceland, members oftheEU not are which countries four –and Sweden and Finland Slovakia, Slovenia, Portugal, Poland, Austria, Netherlands, Malta, Hungary, Luxembourg, Latvia, Lithuania, Italy, France, Spain, Greece, Estonia, Germany, Denmark, Czech Republic, –Belgium, States Member EU 22 comprises itnow and Schengen acquis. | EN | March 2018 March e, cross-border travel, cross-border trade cross-border travel, cross-border e, 1 and police, customs customs police, and © Rob Pitmanma n ––F Fotoot liaia.coom RIGHT TO MOVE FREELY WITHOUT CONTROLS AT THE INTERNAL BORDERS • The right to move freely in the Schengen area is a right not only for over half a billion European citizens but also for all third-country nationals who are legally present in the Schengen area. Foreign citizens residing in the area enjoy this right, without needing visas, as long as their residence permit is valid. Foreign citizens travelling inside the Schengen area can also move freely for periods not exceed- ing 90 days within a 180-day period. • The right to move freely means: no queuing at airports, sea- or land borders, and no more internal border checks. Control infrastructure such as booths for border guards and other physical barriers have been removed. • However, every participating country has the right to perform checks on persons and customs checks anywhere inside its national territory, as part of the everyday work of the police, customs and immigration control. Examples range from road traffic checks to the fight against organised crime. • Under exceptional circumstances, in case of a serious threat to public policy or internal security, checks at the internal borders may be reintroduced for a limited period of time. POLICE AND CUSTOMS COOPERATION INTERNAL BORDERS • Neighbouring countries cooperate closely and are entitled to perform joint op- erations and controls on both sides of their common border. Examples include controlled drug deliveries as well as joint police patrols. • Law enforcement officials may also carry out cross-border surveillance and pursuit into the territory of neighbouring Member States, for example when a suspected criminal is trying to escape the police of one country by crossing the border into a neighbouring country. • In the event of a serious threat to public order or internal security, a Member State may exceptionally reintroduce border controls at all or some of its internal borders for a very limited period, in principle not exceeding 30 days. Examples include ma- jor sports events that may give rise to a threat to public policy or internal security. March 2018 | EN | SCHENGEN 5 EXTERNAL BORDERS • The external border of the Schengen area is over 50 000 km long (about 80 % sea and 20 % land) and includes hundreds of airports and maritime ports, as well as land border crossing points. • Each Schengen State is responsible for controlling its external borders. The stand- ards and level of control are the same at all external border crossing points in the Schengen area irrespective of their location. The common rules are established in the “Schengen Borders Code”. • Created in 2005, the main role of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex 2) was to complement the national border management systems of the Member States participating in the Schengen area by promoting the integrated management of all types of ex- ternal borders and coordinating operational cooperation at EU level. In 2016, the mandate of Frontex (now called “the European Border and Coast Guard Agency”) was broadened in order to address migratory challenges and potential future threats at the EU’s external borders more efficiently. • Border guards of one country can be seconded to another country in order to par- ticipate in joint operations and provide support to Member States experiencing particular pressures. • In accordance with the EU rules on local border traffic at the external borders, a number of Schengen States have concluded bilateral arrangements with neigh- bouring third countries, involving a local border traffic permit, to facilitate local border traffic, trade, social and cultural interchange and regional cooperation. SCHENGEN INFORMATION SYSTEM (SIS) • One of the most important compensatory measures for the abolition of internal border checks is the SIS. The SIS is a common database for the border and migra- tion authorities, as well as law enforcement authorities, of the participating coun- tries. It can be accessed by authorities at the borders, inside national territory and abroad in consulates, as well as by Eurojust and Europol. Specific stringent data protection rules apply to the SIS. • As of January 2017, the SIS contained more than 70 million alerts concerning: persons (more than 800,000) - not allowed to enter and stay in the Schengen area (58 %); - to be arrested (European Arrest Warrant) (4 %); - who are missing (12 %); - summoned to appear before a judicial authority (14 %); - for discreet checks or specific checks (12 %); 2 www.frontex.europa.eu 6 SCHENGEN | EN | March 2018 tex tex on ron ron ©
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