Convention of Schengen

The convention of Schengen envisages the suppression of the identity checks to the Frontière S between the countries signatories. The territory without border thus created is commonly called space Schengen (of the name of the village Luxembourg of Schengen, not triples border Germany-Benelux countries-France at the edge of the Moselle, where the agreement (between these 5 states) was signed in June 1985).

Today, the countries signatories practice a common policy with regard to the visas and reinforced the frontier checks bordering on countries external with space. Although there are not in theory more frontier checks internal with Schengen space, those can be set up temporary of manner if they prove to be necessary to the national security or maintenance of law and order. From now on, the foreign citizens who have a visa of long life for one of the Member States can circulate freely inside the zone.

Schengen space

Schengen space is the space consisted the territory of the States having implemented entirely l'" Schengen" asset; , namely the States who, in particular:

- deliver visas valid for space Schengen
- accepts the validity of the visas delivered by the other States Schengen to enter on their territory
- removed the frontier checks interior
- apply the code of the borders to its external borders.

The first agreement of Schengen was signed the June 14th 1985 by 5 of the members of the European Community of then: the the Federal Republic of Germany, the Belgium, the France, the Luxembourg and the Netherlands.

After the agreement, will be signed the convention of Schengen in 1990, that Ci came into force in 1995.

The convention of implementation of the Schengen agreement was ratified by the Germany, the Benelux, the France (June 19th 1990), the Italy (November 27th 1990), the Spain, the Portugal (June 25th 1991), the Greece (November 6th 1992) and the Austria (April 28th 1995).
The convention of Schengen was signed by the Denmark, the Finland, the Sweden, the Norway and the Iceland the December 19th 1996.

The Italy applies convention since July 1st 1997, the Austria and the Greece however applies it since February 1st 1997 the total lifting of controls of the people to the internal borders air and maritime intervened in Greece only the March 26th 2000, whereas Italy raised them the October 26th 1997 and Austria on February 1st 1997.

The Norway and the Iceland signed a cooperation agreement with the States Schengen at the same time as the agreement signed with Denmark, Finland and Sweden, taking into account the fact that these last three, members of the European Union, formed already an integrated space of freedom of movement of the people with Norway and Iceland with the Scandinavian Union of the passports.

The agreement makes today integral part of the treaties of the European Union. The Ireland and the the United Kingdom however did not sign the agreements on frontier controls and the visas. Indeed, of the difficulties occurred relating to the frontier check of Gibraltar, and the co-operation with Spain. In addition, the relative questions with freedom of circulation between British Isles (Ireland and the Channel Islands included/understood) are under examination, and are the subject of a specific agreement (known as compromise of Dublin) intended to preserve the assets of two spaces of freedom, but especially to implement the common device of control envisaged in the Schengen system and being able to profit from a reinforced co-operation and an information exchange between the signatories of the compromise of Dublin (as that was made to preserve the assets of freedom of circulation between the Scandinavian countries). This device was initially implemented for the fight against the hooliganism (by the division of the descriptions of prohibitions taken against certain people), but which extends now to the prevention from the illegal traffics from goods, services or people.

France, pursuant to the safeguard clause, maintains the surveillance device of its land borders with the Benelux countries, because of difficulties in the fight against the traffics.

The May 13rd 2004, the negotiations with the Suisse for its participation in Schengen space succeeded and 54,6% of the inhabitants approved this adhesion in popular voting the June 5th 2005.

Switzerland becomes thus member of Schengen space, in the same conditions as the other countries non-members of the European Union left in this agreement, Iceland and Norway. This adhesion will be effective when all the Member States ratify the agreement made with Switzerland, probably from here 2008. However, nothing will change for the goods which will continue to be controlled because Switzerland did not conclude from Customs union with the European Union. This relates to also the Liechtenstein because Switzerland occupies since 1924 control of the border between Liechtenstein and Austria. Moreover, Liechtenstein also required opening of negotiations for its formal integration in Schengen space.

Members and application

The agreement signed in 1985 establishes the stages to be crossed to create the Schengen zone. A document additional, called the Convention Schengen (or in a not shortened way: Convention of implementation of the agreement of Schengen between the governments of the States of the economic Union of the the Benelux countries, the Federal Republic of Germany, and the French Republic, relating to the gradual suppression of the frontier checks common ), was born to put the Schengen zone into practice. This second document supplements the first and was signed by each State at the dates below.

For each Member State, there exists a time between the signature of the agreement (to become member) and the implementation of this one.

Adhesions

Exceptions

The following territories of the Member States are not covered by the agreement:
  • All nonEuropean parts (overseas):
  • Héligoland (in Germany)
  • the Norwegian archipelago of the Svalbard. (But the island of Jan Mayen is covered by the agreement.)
  • the Greenland and the Faroe Islands (with the Denmark) which, although formally excluded from the Schengen zone, is integrated there in practice. (It was negotiated in the agreement of association with Denmark that people travelling between the Faroe Islands and Greenland on the one hand, and the Member States of Schengen on the other hand, are not fixed with frontier checks. The traditional agreements of freedom of movement of the services, the people, the freedom of establishment and the capital are not applicable on these two territories).
  • Livigno (in Italy) is a tax shelter , frontier checks and random controls of passport are maintained. In the same way, Campione of Italy, Italian territory of 2 km2 wedged in Switzerland undergoes de facto the frontier checks Swiss.

Application

  • March 26th 1995 : Germany, Belgium, Spain, France, Luxembourg, Netherlands and Portugal.
  • 1997 - Italy (October 26th), Austria (February 1st), and Greece (December 8th). This last country applied the agreements in theory, but the frontier checks intracommunity continue even today.
  • March 26th, 2000 - Greece applied the agreement for any person having a visa schengen except for the citizens Macedonians. The latter require a visa with whole share to go there what is contrary with the provisions of the Agreement: the residence resident's cards and the other permits emitted by countries signatories, are not either valid for the nationals Macedonians.
  • March 25th, 2001 - Denmark, Finland, Iceland, Norway and Sweden.
  • December 21st, 2007 - Estonia, Latvia, Lithuania, Poland, Tchèquie, Slovakia, Hungary, Slovenia and Malta.

The eight states of Europe Central and Eastern which signed on May 1st 2004, like Malta, must implement the agreement starting from December 21st, 2007 for the maritime land borders and, and starting from March 30th, 2008 for the air borders, Cyprus being on a differed planning. Switzerland should also put the implementing agreement, probably from here 2008.

Each new country must, before applying the Schengen agreement completely, being ready in four following fields: air borders, visas, police co-operation and the protection of the personal data. This process of evaluation implies that a questionnaire is filled out by the States candidates and that visits of experts of the EU at the institutions and work places selected in the countries concerned are carried out.

Not-signatories

Certain countries, apart from the Schengen signatories must also be mentioned:

  • San Marino, although not forming part formally of the Schengen zone, has an open border with the Italy (although certain random controls are made by the Carabinieri , the Polizia di San Marino and the Guardia di Finanza ).

  • With regard to Monaco, which borders the Mediterranean, the Schengen agreement is managed as if Monaco were part of France, French authorities dealing with controls with the seaport of Monaco.
  • the Liechtenstein is not member of the Schengen zone; the principality has an open border with Switzerland (which did not yet apply the agreement), but the frontier checks always exist between this country and the neighbors of the EU. As a member of the European Economic space it applies off the Traditional Free Movement Persons acquired of the European Community . Liechtenstein tries to adhere to the Schengen zone and made an application to join with the autumn 2005. The Conseil of the European Union gave its agreement to start the negotiations in February 2006.
  • the the Vatican expressed a desire to join the Schengen zone. It has an open border with the Italy, but the Schengen agreement would allow a co-operation brought closer to shared information and similar activities covered by the Information system Schengen.
  • Andorre is not integrated in the zone Schengen and of the frontier checks remain.
  • the the United Kingdom and the Ireland are the two only countries of the EU not to have joined the Schengen agreement.
  • Lastly, the Greece, although signatory of the treaty which it ratified, still does not respect the provisions with respect to the citizens Macedonians. She requires of their share an exclusively Greek visa, even if they have, sometimes, a Schengen visa resulting from the competent authority of another state of the zone.

Accompanying measures

It should be noted however that safeguard clauses make it possible any country signatory of the agreement to restore in a temporary way a control of the people at its borders or in certain areas of a country. It was the case of the Germany during the Football world cup of 2006, in order to prohibit the entry on the territory of the Hooligan S according to lists preestablished by the police services, and it can be the case for a few days at the time of a major international event requiring an addition of safety. It can be also the case for safety reasons main road or restore the order (threat or terrorist attacks, state of emergency or of war declared or civil, natural disaster or industrial or epidemic crises threatening peace and the internal security of the countries and their neighbors).

For the concepts of law and order, of public safety or public health, the members can determine with discretion the extent of these concepts in agreement with their legislation and of their decision of national courts, but that does not apply within the framework of the Community legislation. However the agreements provide that any restriction measure of displacement taken for these reasons of order, safety or public health must be in conformity with the European Convention of the human rights , obey the principle of proportionality, and be moved by a real threat and sufficiently serious concerning a fundamental interest of the country. These restrictions can relate to only individuals, and not groups of individuals, the nationality or the origin of the traveller, worker or migrant, or his place of entry in the space of Schengen which cannot constitute a sufficient reason to prohibit a displacement to him.

It should be noted that the immediate entry in the space of Schengen does not mean acceptance of this entry, since the decision to prohibit the entry in the space of Schengen can be taken and notified with interested in the three months following its provisional entry in the Space of Schengen; only the country of entry can make its decision to accept or refuse an individual, and it preserves all the data and descriptions relative to this person according to her national legislation. However the other countries signatories can notify the country of entry which will determine if the description must be registered and communicated in the Schengen system with the other countries of space.

Moreover in the event of use of false documents at the entry in space of Schengen (in particular in the event of misrepresentations of resources or insurance, or false documents of identity), the provisional decision to let enter an individual can be broken unbounded of duration, in agreement with the European Convention of the human rights and the national legislations, but only by the country of entry which only can remove a description and cancel an authorization of entry. In practice, that avoids the constitution of multiple and contradictory files for the same individual, and avoids the conflicts of legislation which could delay a decision of expulsion, by recourse multiples, and that simplifies the proceedings for annulment for the individuals concerned, in particular within the framework of the fight against the traffic of people.

For the visitors except EEE, the import duty is 3 months at the first entry in the space of Schengen, whatever the number of visited countries. With the expiry of the period, the presence on the territory of a country of Schengen space is not authorized any more, and the national must remake a new procedure of entry and be able to prove that it resided out of Schengen space or EEE during the last three months, to be authorized to return there. To prove it, an exit visa is affixed at the time of its exit of Schengen space, on the form given with the passport at the time of its entry (however the visitor can present a reasonable evidence of residence out of space by any other means, in particular by the proof of visas of entry or exit in another country, or the personal evidence of this displacement out of space).

Accompanying measures make it possible however to the visitor to be sometimes freed from a certain number of formalities, in particular the obligation of an insurance of assistance to the return, or cover disease, if the visitor is only in temporary transit in a terminal point of international traffic (ports, stations, airports…), where it can remain legally in a limited time in time. So to ensure a correspondence, it must leave an international zone of transit, it is held to present themselves to controls and to announce its zone of transit of destination, for example for the correspondences of a station to another. Generally these transfers of travellers except Schengen are ensured by the tour operators who give to the authorities the lists of travellers of which they ensure the transport of correspondence of a zone of transit another.

Many accompanying measures and the development increasingly effective of protocols aiming at a greater collaboration between the authorities of the various countries signatories are in the course of applications, and regularly supplemented by new devices (of which reinforcement of the role of Europol, and the creation of Eurojust). One will find in reference a complete site of information on the gate of the European Union.

The Schengen visa

The Member States of Schengen space conceived uniform rules concerning the types of visas which can be emitted for a stay of short duration, not exceeding three months, on the territory of the one, several or the whole of these States. The uniform visa authorizes the traveller, who is subjected to the obligation of visa, to be presented to a post office of the border external of the contracting party of delivery or another contracting party to solicit, according to the type of visa, the stay or the transit. The uniform visa is materialized by the affixing of a label by a Member State on a Passeport, a travel document or another valid document and which allow the crossing of the borders.

In other words, the fact of being in possession of a valid Schengen visa does not confer an import duty irrevocable. The entry will be authorized only if the traveller satisfy the other conditions installation by the Agreement with Schengen as regards access to the territory, in particular the means of subsistence of which must lay out the traveller, just as the goal and the conditions of its stay.

Obtaining a Schengen visa passes by the following crucial steps:

  1. It is initially necessary to identify the Schengen country of your principal destination. This element indeed determines the State responsible for the request handling of visa and, consequently, the embassy or the consulate auprès of which you will have to deposit the request. If your intention is to return to you in several Schengen countries at the time of your voyage, you will have to then lodge your request for visa to the embassy of the country where you will carry out your first entry in Schengen space. But, if the Schengen country of your principal destination or first entry does not have an embassy or of consulate in your country, you will have to then contact the diplomatic mission of another Schengen country, located in theory in your country and who represents, for purposes of delivery of the visa Schengen, country of your principal destination or first entry.

  2. the request for Schengen visa must then be deposited near the Ambassade or of the qualified consulate. The request is made by means of a harmonized form, which must be accompanied by your passport and supplemented, if necessary, by the documents which justify object and conditions of the stay considered (the reasons for the voyage, the duration of the stay, means of lodging). You will have to also bring the proof of your means of subsistence, i.e. financial means you have to cover, on the one hand, the expenses of your stay taking into account its duration and the place where you will reside and, on the other hand, expenses of return in your country. It will be noted that certain embassies or consulates organize a personal discussion with the applicant, in particular to evaluate the reasons for the voyage which are at the base of the request for visa.
  3. the traveller must finally have an insurance travels which covers to the amount of a minimum of 30.000 € the expenses of medical repatriation as well as the medical care urgently which have occurred at the time of your stay. The proof of this insurance voyage must be provided at the end of the procedure in theory, when a positive decision was made as for the granting of the visa.

Source of this section in agreement with its auteur.

See too

refer

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