Schengen Agreement#Switzerland and Liechtenstein

{{Short description|European Union treaty on internal border controls}}

{{For|the current rules, policy and list of member countries|Schengen Area}}

{{infobox treaty

| name = Schengen Agreement

| long_name = 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

| image = Schengen Agreement (1985) signatures.jpg

| image_width = 200px

| caption = Signatures of the Schengen Agreement on 14 June 1985

| type =

| date_draft =

| date_signed = 14 June 1985
({{Age in years, months and days| year=1985 | month=06 | day=14 }} ago)

| location_signed = Schengen, Luxembourg

| date_sealed =

| date_effective = 26 March 1995
({{Age in years, months and days| year=1995 | month=03 | day=26 }} ago)

| date_expiration =

| original_signatories = {{flaglist|Belgium}}
{{flaglist|France}}
{{flaglist|West Germany}}
{{flaglist|Luxembourg}}
{{flaglist|Netherlands}}

| parties = {{flaglist|Austria}}
{{flaglist|Belgium}}
{{flaglist|Bulgaria}}
{{flaglist|Croatia}}
{{flaglist|Czech Republic}}
{{flaglist|Denmark}}
{{flaglist|Estonia}}
{{flaglist|Finland}}
{{flaglist|France}}
{{flaglist|Germany}}
{{flaglist|Greece}}
{{flaglist|Hungary}}
{{flaglist|Iceland}}{{efn|name=notEU|Not an EU member}}
{{flaglist|Italy}}
{{flaglist|Latvia}}
{{flaglist|Liechtenstein}}{{efn|name=notEU}}
{{flaglist|Lithuania}}
{{flaglist|Luxembourg}}
{{flaglist|Malta}}
{{flaglist|Netherlands}}
{{flaglist|Norway}}{{efn|name=notEU}}
{{flaglist|Poland}}
{{flaglist|Portugal}}
{{flaglist|Romania}}
{{flaglist|Slovakia}}
{{flaglist|Slovenia}}
{{flaglist|Spain}}
{{flaglist|Sweden}}
{{flaglist|Switzerland}}{{efn|name=notEU}}

| depositor = Government of the Grand Duchy of Luxembourg

| wikisource = Convention implementing the Schengen Agreement

}}

The Schengen Agreement ({{IPAc-en|lang|ˈ|ʃ|ɛ|ŋ|ə|n}} {{respell|SHENG|ən}}, {{IPA|lb|ˈʃæŋən|lang|Lb-Schengen.ogg}}) is a treaty which led to the creation of Europe's Schengen Area, in which internal border checks have largely been abolished. It was signed on 14 June 1985, near the town of Schengen, Luxembourg, by five of the ten member states of the then European Economic Community. It proposed measures intended to gradually abolish border checks at the signatories' common borders, including reduced-speed vehicle checks which allowed vehicles to cross borders without stopping, allowing residents in border areas freedom to cross borders away from fixed checkpoints, and the harmonisation of visa policies.Respectively Articles 2, 6 and 7 of the [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922%2801%29:EN:NOT Schengen Agreement], EUR-Lex; accessed 27 January 2016.

In 1990, the Agreement was supplemented by the Schengen Convention which proposed the complete abolition of systematic internal border controls and a common visa policy. The Schengen Area operates very much like a single state for international travel purposes with external border controls for travellers entering and exiting the area, and common visas, but with no internal border controls. It currently consists of 29 European countries covering a population of over 450 million people and an area of 4,595,131 square kilometres (1,774,190 sq mi).{{cite web |author=Schengen Visa Information |title=Schengen Area Countries |url=https://btwvisas.com/schengen-visa/schengen-agreement |access-date=17 November 2019 |publisher=Schengen Visa Information}}

Originally, the Schengen treaties and the rules adopted under them operated independently from the European Union. However, in 1999 they were incorporated into European Union law by the Amsterdam Treaty, while providing opt-outs for the only two EU member states that had remained outside the Area: Ireland and the United Kingdom (which subsequently withdrew from the EU in 2020). Schengen is now a core part of EU law, and all EU member states without an opt-out which have not already joined the Schengen Area are legally obliged to do so when technical requirements have been met. Several non-EU countries are included in the area through special association agreements.{{cite web|url=http://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/schengen_en|title=Schengen Area – Migration and Home Affairs – European Commission|last=Anonymous|date=6 December 2016|website=Migration and Home Affairs – European Commission}}

History

File:Schengen Agreement place.jpg, border town in Luxembourg where the agreement was signed]]

Free movement of people was a core part of the original Treaty of Rome and, from the early days of the European Economic Community, nationals of EEC member states could travel freely from one member state to another on production of their passports or national identity cards.Council Directive on administrative practices and procedures concerning settlement, employment and residence in a Member State of the Community of workers and their families from another Member State ([http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31961L1513:EN:NOT OJ 80, 13 December 1961, p. 1513].) However, systematic identity controls were still in place at the border between most member states.{{citation needed|date=January 2016}}

Disagreement between member states led to an impasse on the abolition of border controls within the Community, but in 1985 five of the then ten member states – Belgium, France, Luxembourg, the Netherlands, and West Germany – signed an agreement on the gradual abolition of common border controls. The agreement was signed on the Princess Marie-Astrid boat on the river Moselle near the town of Schengen, Luxembourg,{{cite news|first1=Oana|last1=Lungescu|title=Fortress Europe|publisher=British Broadcasting Corporation|url=http://www.bbc.co.uk/worldservice/theneweurope/wk22.htm|access-date=13 April 2013}} where the territories of France, Germany and Luxembourg meet. Three of the signatories, Belgium, Luxembourg, and the Netherlands, had already abolished common border controls as part of the Benelux Economic Union.{{citation needed|date=January 2016}}

File:Schengen Area participation.svg}}]]

The Schengen Agreement was signed independently of the European Union, in part owing to the lack of consensus amongst EU member states over whether or not the EU had the jurisdiction to abolish border controls,{{Cite book|last1=Craig|first1=Paul|last2=Gráinne de Burca|title=EU Law: Text, Cases and Materials|edition=3rd|year=2003|publisher=Oxford University Press|location=Oxford|isbn=0-19-924943-1|page=[https://archive.org/details/eulaw00paul/page/751 751]|url=https://archive.org/details/eulaw00paul/page/751}} and in part because those ready to implement the idea did not wish to wait for others (at this time there was no enhanced co-operation mechanism). The Agreement provided for harmonisation of visa policies, allowing residents in border areas the freedom to cross borders away from fixed checkpoints, the replacement of passport checks with visual surveillance of vehicles at reduced speed, and vehicle checks that allowed vehicles to cross borders without stopping.

In 1990, the Agreement was supplemented by the Schengen Convention which proposed the abolition of internal border controls and a common visa policy. It was this Convention that created the Schengen Area through the complete abolition of border controls between Schengen member states, common rules on visas, and police and judicial cooperation.{{citation needed|date=January 2016}}

The Schengen Agreement and its implementing Convention were enacted in 1995 only for some signatories,{{which|date=March 2016}} but just over two years later during the Amsterdam Intergovernmental Conference, all European Union member states except the United Kingdom and Ireland had signed the Agreement. It was during those negotiations, which led to the Amsterdam Treaty, that the incorporation of the Schengen acquisThe complete acquis, including the fundamental Agreement and Convention and some subsequent acts and instruments brought about meanwhile in its legal framework, had been published here: {{Cite web|url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2000/l_239/l_23920000922en00010473.pdf|title=Official Journal of the European Communities – The Schengen Acquis|date=22 September 2000|access-date=25 November 2007}}. into the main body of European Union law was agreed along with opt-outs for Ireland and the United Kingdom (which subsequently withdrew from the EU in 2020), which were to remain outside of the Schengen Area.{{Cite news|url=https://www.schengenvisainfo.com/schengen-visa-countries-list/|title=Schengen Area Countries List – Schengen Zone|work=Schengen VISA Information|access-date=28 July 2017|language=en-US}}

File:Ponteminho4.jpg and Portugal.]]

In December 1996, two non-EU member states, Norway and Iceland, signed an association agreement with the signatories of the Agreement to become part of the Schengen Area. While this agreement never came into force, both countries did become part of the Schengen Area after concluding similar agreements with the EU.{{Cite web|title=EUR-Lex – 21999A0710(02) – EN – EUR-Lex|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:21999A0710(02)|access-date=24 October 2020|website=eur-lex.europa.eu| date=18 May 1999 }} The Schengen Convention itself was not open for signature by non-EU member states.Article 140 of the Schengen Convention. In 2009, Switzerland finalised its official entry to the Schengen Area with the acceptance of an association agreement by popular referendum in 2005.Allen M. (March 2009). [https://www.swissinfo.ch/eng/switzerland-s-schengen-entry-finally-complete/653802 Switzerland's Schengen entry finally complete]. swissinfo.ch; retrieved 14 June 2013.

Now that the Schengen Agreement is part of the acquis communautaire, it has, for EU members, lost the status of a treaty, which could only be amended according to its terms. Instead, amendments are made according to the legislative procedure of the EU under EU treaties.At first the Council of the European Union (later the European Parliament and the Council of the European Union in the codecision procedure) took the place of the Executive Committee that had been created under the agreement [http://eur-lex.europa.eu/LexUriServ/site/en/oj/2004/l_396/l_39620041231en00450046.pdf Council Decision of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty] Ratification by the former agreement signatory states is not required for altering or repealing some or all of the former Schengen acquis.Example: By article 39 subsection 1 of the Schengen Borders Code, Articles 2 to 8 of the Schengen Agreement had been repealed – {{Cite web|url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf|title=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)|date=13 April 2006|access-date=25 November 2007}}. Legal acts setting out the conditions for entry into the Schengen Area are now made by majority vote in the EU's legislative bodies. New EU member states do not sign the Schengen Agreement as such, instead being bound to implement the Schengen rules as part of the pre-existing body of EU law, which every new entrant is required to accept.{{citation needed|date=September 2014}}

This situation means that non-EU Schengen member states have few formally binding options to influence the shaping and evolution of Schengen rules; their options are effectively reduced to agreeing or withdrawing from the agreement. However, consultations with affected countries are conducted prior to the adoption of particular new legislation.{{cite web|title=The Schengen area and cooperation|url=http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration/l33020_en.htm|work=Summaries of EU legislation|publisher=European Commission|access-date=4 April 2013|quote=In practice, this involvement takes the form of mixed committees that meet alongside the working parties of the EU Council. They comprise representatives of the Member States' governments, the Commission and the governments of third countries. Associated countries therefore participate in discussions on the development of the Schengen acquis, but do not take part in voting. Procedures for notifying and accepting future measures or acts have been laid down.}}

In 2016, border controls were temporarily reintroduced in seven Schengen countries (Austria, Denmark, France, Germany, Norway, Poland, and Sweden) in response to the European migrant crisis.{{Cite news|url=https://www.bbc.com/news/world-europe-13194723|title=Schengen: Controversial EU free movement deal explained – BBC News|work=BBC News |date=26 April 2011 |language=en-GB|access-date=6 June 2016}}{{Cite web|url=http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/schengen/reintroduction-border-control/index_en.htm|title=DGs – Migration and Home Affairs – What we do – ...Schengen Area – Reintroduction-border-control|website=ec.europa.eu|access-date=6 June 2016}}

Portugal reintroduced checks several times along its border with Spain, during the UEFA Euro 2004 championships and when Portugal hosted the NATO 2010 Lisbon summit. Portugal also reintroduced border checks from 10 May 2017 to 14 May 2017, during Pope Francis's visit to Fátima, Portugal.

{{cite web| url = http://www.theportugalnews.com/news/portugal-declares-papal-holiday/41769| title = Portugal declares Papal holiday| access-date = 28 April 2017}}

Border controls were reintroduced throughout the area during the COVID-19 pandemic.{{cite news |title=Europe Barricades Borders to Slow Coronavirus |url=https://www.nytimes.com/2020/03/17/world/europe/EU-closes-borders-virus.html |archive-url=https://web.archive.org/web/20200317191033/https://www.nytimes.com/2020/03/17/world/europe/EU-closes-borders-virus.html |archive-date=17 March 2020 |url-access=subscription |url-status=live |work=The New York Times |date=17 March 2020}}

On 8 December 2022, the Justice and Home Affairs Council voted to admit Croatia to the Schengen Area, effective from 1 January 2023.{{Cite web |title=Schengen area: Council decides to lift border controls with Croatia |url=https://www.consilium.europa.eu/en/press/press-releases/2022/12/08/schengen-area-council-decides-to-lift-border-controls-with-croatia/ |access-date=2024-12-12 |website=Consilium |language=en}}

On 30 December 2023, the Justice and Home Affairs Council agreed to partially include Bulgaria and Romania in the Schengen Area, with air and maritime border checks lifted from 31 March 2024.{{Cite web |title=Schengen area: Council agrees to lift air and maritime internal border controls with Bulgaria and Romania |url=https://www.consilium.europa.eu/en/press/press-releases/2023/12/30/schengen-area-council-takes-move-towards-lifting-border-controls-with-bulgaria-and-romania/ |access-date=2024-12-12 |website=Consilium |language=en}} On 12 December 2024, the Council decided to lift the remaining border checks at land crossing effective 1 January 2025, making Bulgaria and Romania full members of the Schengen Area.{{Cite web |title=Schengen: Council decides to lift land border controls with Bulgaria and Romania |url=https://www.consilium.europa.eu/en/press/press-releases/2024/12/12/schengen-council-decides-to-lift-land-border-controls-with-bulgaria-and-romania/ |access-date=2024-12-12 |website=Consilium |language=en}}

The European Union has announced the implementation of the Entry/Exit System (EES) in 2025. This system aims to enhance border security by electronically registering the entry and exit data of non-EU nationals crossing the external borders of Schengen member states. The EES will replace the manual stamping of passports, streamlining border crossings and improving the detection of over-stayers. [https://www.y-axis.ae/blog/6-major-changes-announced-to-schengen-visa-from-2025/?utm_source=chatgpt.com y-axis.ae] [https://schengen.news/from-new-travel-rules-to-golden-visas-schengen-expansion-key-changes-coming-to-eu-in-2025/?utm_source=chatgpt.com schengen.news]{{clear}}

Notes

References

External links

[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(01):EN:NOT 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 Agreement
[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922(02):EN:NOT 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] – Convention implementing the Schengen Agreement
[http://www.eurotopics.net/en/home/presseschau/archiv/magazin/politik-verteilerseite/schengen-2008-01/ Schengen] {{Webarchive|url=https://web.archive.org/web/20140716040254/http://www.eurotopics.net/en/home/presseschau/archiv/magazin/politik-verteilerseite/schengen-2008-01/ |date=16 July 2014 }} – eurotopics
[http://www.cvce.eu/collections/unit-content/-/unit/en/02bb76df-d066-4c08-a58a-d4686a3e68ff/50c23742-6a21-483e-aebd-3aaf21b44bf9/Resources The Schengen Area: collection of resources] (texts, images, videos,...) – CVCE – Virtual Resource Centre for Knowledge about Europe
[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:239:0001:0473:EN:PDF The Schengen Acquis] – EUR-Lex

Agreement

Category:Schengen, Luxembourg

Category:European Union law

Category:Terminated or expired founding treaties of the European Union

Category:International travel documents

Category:Treaties concluded in 1985

Category:1985 in the European Economic Community

Category:Law enforcement in Europe

Category:Boundary treaties

Category:International border crossings

Category:European Economic Area

Category:1985 in economic history