منطقة شنگن
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منطقة شنگن (Schengen Area ؛ النطق: /ˈʃɛŋən/) هي منطقة تتكون من 26 دولة أوروپية ألغت رسمياً كل استخدامات جوازات السفر وجميع أنواع ضبط الحدود الأخرى على حدودها المشتركة. تعمل المنطقة في الغالب كسلطة قضائية واحدة لأغراض السفر الدولي ، مع سياسة التأشيرات الشائعة. المنطقة مسماة على اسم اتفاقية شنگن الموقعة في 1985 في شنگن، لوكسمبورگ.
من بين الاتحاد الأوروپي الـ 27 الدول الأعضاء، تشارك 22 دولة في منطقة شنگن. من بين الدول الخمس الأعضاء في الاتحاد الأوروپي التي ليست جزءًا من منطقة شنگن، أربعة - بلغاريا، كرواتيا، قبرص، و رومانيا - مُلزمًا قانونًا بالانضمام إلى المنطقة في المستقبل ، في حين أن الآخر - أيرلندا - يحتفظ بحق الانسحاب. الدول الأربع رابطة التجارة الحرة الأوروپية (رابطة التجارة الحرة الأوروپية)، آيسلندا، ليختنشتاين، النرويج و سويسرا، ليسوا أعضاء في الاتحاد الأوروپي، ولكنهم وقعوا اتفاقيات بالاشتراك مع اتفاقية شنگن. ثلاث دويلات أوروپية ليست أعضاء في الاتحاد الأوروپي ولكنها جيوب أو شبه جيب داخل دولة عضو في الاتحاد الأوروپي - موناكو، سان مارينو، ومدينة الڤاتيكان - هي جزء من منطقة [شنگن].
يبلغ تعداد منطقة شنگن ما يزيد على 420 مليون نسمة بمساحة 4,312,099 كم².[2] يتنقل حوالي 1.7 مليون شخص للعمل عبر الحدود الأوروبية كل يوم، وفي بعض المناطق يشكل هؤلاء الأشخاص ما يصل إلى ثلث القوى العاملة. وفي كل عام، هناك 1.3 مليار عبور لحدود شنگن إجمالاً. فهناك 57 مليون عبور بسبب نقل البضائع على الطرق البرية، بقيمة 2.8 تريليون يورو كل عام.[3][4][5] يختلف الانخفاض في تكلفة التجارة بسبب شنگن من 0.42٪ إلى 1.59٪ حسب الجغرافيا والشركاء التجاريين وعوامل أخرى. كما تستفيد البلدان خارج منطقة شنگن.[6] وقد عززت الدول في منطقة شنگن ضوابط الحدود مع الدول خارج شنگن.[7]
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التاريخ
The Schengen Agreement was signed on 14 June 1985 by five of the ten EC member states[8] in the town of Schengen, Luxembourg. The Schengen Area was established separately from the European Communities, when consensus could not be reached among all EC member states on the abolition of border controls.
The Agreement was supplemented in 1990 by the Schengen Convention, which proposed the abolition of internal border controls and a common visa policy.[9] The Agreements and the rules adopted under them were entirely separate from the EC structures, and led to the creation of the Schengen Area on 26 March 1995.[10]
As more EU member states signed the Schengen Agreement, consensus was reached on absorbing it into the procedures of the EU. The Agreement and its related conventions were incorporated into the mainstream of European Union law by the Amsterdam Treaty in 1997, which came into effect in 1999. A consequence of the Agreement being part of European law is that any amendment or regulation is made within its processes, in which the non-EU members are not participants. The UK and Ireland have operated a Common Travel Area (CTA) since 1923 (with passport-free travel and freedom of movement with each other), but the UK would not abolish border controls with any other counties and therefore opted out of the Agreement. While not signing the Schengen Treaty, Ireland has always looked more favourably on joining, but has not done so in order to maintain the CTA and its open border with Northern Ireland.[11] The Nordic members required Norway and Iceland to be included, which was accepted, so a consensus could be reached.[بحاجة لمصدر]
العضوية
الأعضاء الحاليون
قالب:Schengen Agreement Labelled Map 2
The Schengen Area consists of 26 states, including four which are not members of the European Union (EU). Two of the non-EU members – Iceland and Norway – are part of the Nordic Passport Union and are officially classified as 'states associated with the Schengen activities of the EU'.[12] Switzerland was allowed to participate in the same manner in 2008. Liechtenstein joined the Schengen Area on 19 December 2011.[13] De facto, the Schengen Area also includes three European micro-states – Monaco, San Marino and the Vatican City – that maintain open or semi-open borders with other Schengen member countries.[14]
One EU member state – Ireland – negotiated opt-outs from Schengen and continues to operate border controls with other EU member states, while at the same time being part of the Common Travel Area with the United Kingdom (a former EU member). The remaining four EU member states – Bulgaria, Croatia, Cyprus and Romania – are obliged to eventually join the Schengen Area. However, before fully implementing the Schengen rules, each state must have its preparedness assessed in four areas: air borders, visas, police cooperation, and personal data protection. This evaluation process involves a questionnaire and visits by EU experts to selected institutions and workplaces in the country under assessment.[15]
The only land borders with border controls (not counting temporary ones) between EU/EEA members, are those of Bulgaria, Croatia and Romania (which are expected to be removed at a future date).[16]
| الدولة | المساحة (كم²) |
التعداد[17] (2016) |
Signed[Note 1] | Date of first implementation[Note 2] |
|---|---|---|---|---|
 النمسا
|
83٬871 | 8,712,137 | 28 April 1995[18] | 1 December 1997[19][20][Note 3] |
 بلجيكا
|
30٬528 | 11,358,379 | 14 June 1985[21] | 26 March 1995[22] |
 التشيك
|
78٬866 | 10,610,947 | 16 April 2003[23] | 21 December 2007[24][Note 4] |
 الدنمارك (excluding  گرينلاند and the  جزر فارو which have open borders)[Note 5]
|
43٬094 | 5,711,870 | 19 December 1996[30] | 25 March 2001[31] |
 إستونيا
|
45٬338 | 1,312,442 | 16 April 2003[23] | 21 December 2007[24][Note 4] |
 فنلندا
|
338٬145 | 5,503,132 | 19 December 1996[32] | 25 March 2001[31] |
 فرنسا (excluding overseas departments and collectivities)[Note 6] |
551٬695 | 64,720,690 | 14 June 1985[21] | 26 March 1995[22] |
 ألمانيا[Note 7]
|
357٬050 | 81,914,672 | 14 June 1985[21] | 26 March 1995[22] |
 اليونان
|
131٬990 | 11,183,716 | 6 November 1992[34] | 1 January 2000[35][Note 8] |
 المجر
|
93٬030 | 9,753,281 | 16 April 2003[23] | 21 December 2007[24][Note 4] |
 آيسلندا[Note 9]
|
103٬000 | 332,474 | 19 December 1996[36] 18 May 1999[37][Note 10] |
25 March 2001[31] |
 إيطاليا
|
301٬318 | 59,429,938 | 27 November 1990[39] | 26 October 1997[20][40][Note 11] |
 لاتڤيا
|
64٬589 | 1,970,530 | 16 April 2003[23] | 21 December 2007[24][Note 4] |
 ليختنشتاين[Note 9]
|
160 | 37,666 | 28 February 2008[41] | 19 December 2011[42] |
 لتوانيا
|
65٬300 | 2,908,249 | 16 April 2003[23] | 21 December 2007[24][Note 4] |
 لوكسمبورگ
|
2٬586 | 575,747 | 14 June 1985[21] | 26 March 1995[22] |
 مالطا
|
316 | 429,362 | 16 April 2003[23] | 21 December 2007[24][Note 4] |
 هولندا (excluding Aruba, Curaçao, Sint Maarten and the Caribbean Netherlands) |
41٬526 | 16,987,330 | 14 June 1985[21] | 26 March 1995[22] |
 النرويج[Note 9] (excluding Svalbard)[43] |
385٬155 | 5,254,694 | 19 December 1996[36] 18 May 1999[37][Note 10] |
25 March 2001[31] |
 پولندا
|
312٬683 | 38,224,410 | 16 April 2003[23] | 21 December 2007[24][Note 4] |
 الپرتغال
|
92٬391 | 10,371,627 | 25 June 1991[44] | 26 March 1995[22] |
 سلوڤاكيا
|
49٬037 | 5,444,218 | 16 April 2003[23] | 21 December 2007[24][Note 4] |
 سلوڤنيا
|
20٬273 | 2,077,862 | 16 April 2003[23] | 21 December 2007[24][Note 4] |
 إسپانيا (with special provisions for Ceuta and Melilla)[Note 12] |
510٬000 | 46,347,576 | 25 June 1991[46][47] | 26 March 1995[22] |
 السويد
|
449٬964 | 9,837,533 | 19 December 1996[48] | 25 March 2001[31] |
 سويسرا[Note 9]
|
41٬285 | 8,401,739 | 26 October 2004[49] | 12 December 2008[50][Note 13] |
 الاتحاد الأوروپي
|
4٬189٬111 | 417٬597٬460 | 14 June 1985[21] | 26 March 1995[22] |
States which are not members of the Schengen Area but still have open borders with the area:
| State | Area (km2) |
Population[17] (2016) |
|---|---|---|
 موناكو
|
2 | 38,499 |
 سان مارينو
|
61 | 33,203 |
 الڤاتيكان
|
0٫44 | 801 |
ملاحظات
- ^ The original agreement, a subsequent protocol extending the agreement to the state, an agreement on accession to the EU, or agreement on association with the Schengen acquis.
- ^ Of the provisions related to the elimination of border controls. In some cases the provisions related to the Schengen Information System were applied earlier.
- ^ The elimination of border controls took place from 1 December 1997 to 31 March 1998.[19]
- ^ أ ب ت ث ج ح خ د ذ For overland borders and seaports; since 30 March 2008 also for airports.[24][25]
- ^ Greenland and the Faroe Islands are not included in the Schengen area. However, persons travelling between the Faroe Islands, Greenland and the Schengen Area are not subject to border checks.[26] The list of countries whose citizens require a visa for Greenland or the Faroe Islands is the same as for the Schengen Area,[27][28] but a Schengen visa will not allow the holder access to either territory, only a Danish visa stamped with either "Valid for the Faroe Islands" or "Valid for Greenland", or both.[29]
- ^ The overseas departments and collectivities of France are not part of the Schengen Area. However, when travelling by air from metropolitan France directly to French Guiana, Guadeloupe, Martinique, Mayotte, Réunion and Saint Pierre and Miquelon, border checks by the French Border Police only take place at the departure airport, not at the arrival airport (where passengers walk past the passport control booths, which will be unstaffed). This arrangement does not, however, apply to direct flights from other Schengen member states, such as the Frankfurt-Martinique flight by Condor. On the other hand, passengers flying from French Guiana, Guadeloupe, Martinique, Mayotte, Réunion and Saint Pierre and Miquelon directly to metropolitan France have to undergo border checks by the French Border Police both on departure and on arrival (an arrangement known as 'double contrôle').[33]
- ^ East Germany became part of the Federal Republic of Germany, joining Schengen, on 3 October 1990.
- ^ The elimination of border controls took place from 1 January 2000 to 26 March 2000.[35]
- ^ أ ب ت ث EFTA state, which is outside the EU, that is associated with the Schengen activities of the EU,[12] and where the Schengen rules apply.
- ^ أ ب A second agreement, which replaced the first, was signed with Iceland and Norway following the incorporation of the Schengen Agreement into EU law with the Treaty of Amsterdam of 1997.[38]
- ^ The elimination of border controls took place from 26 October 1997 to 31 March 1998.[40]
- ^ The full Schengen acquis applies to all Spanish territories, but there are border checks on departure from Ceuta and Melilla to Peninsular Spain or other Schengen countries, because of specific arrangements for visa exemptions for Moroccan nationals resident in the provinces of Tetuan and Nador.[45]
- ^ For overland borders and seaports; since 29 March 2009 also for airports.[50]
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الأعضاء المحتملون
قالب:الهيئات الأوروپية فوق الوطنية
قبرص
Although Cyprus, which joined the EU on 1 May 2004, is legally bound to join the Schengen Area, implementation has been delayed because of the Cyprus dispute. According to former Cypriot Minister of Foreign Affairs Giorgos Lillikas, "strict and full control based on Schengen will create a huge tribulation on a daily basis for the Turkish Cypriots" of Northern Cyprus, and it is unclear if this control is possible before the resolution of the dispute.[51] The British Sovereign Base Areas of Akrotiri and Dhekelia, a British Overseas Territory which is outside the EU, also needs "other handling and mechanisms",.[51] Akrotiri and Dhekelia has no border control to Cyprus, but has its own border control at its air base. اعتبارا من 2018[تحديث] no date has been fixed for implementation of the Schengen rules by Cyprus.[52] Cyprus has less potential benefit from an implementation of Schengen, for it has no land border with another EU member; air travel or around 12 hours of sea travel is needed to the nearest EU member.
In November 2019, Cyprus's Foreign Affairs Minister Nikos Christodoulides revealed that Cyprus formally began the process of joining the Schengen area in September.[53] An important reason is to access the Schengen Information System and other border control cooperation.[53] The European Commission is currently evaluating the application.[54]
بلغاريا ورومانيا
While Bulgaria and Romania, which joined the EU on 1 January 2007, are also legally bound to join the Schengen Area, implementation has been delayed. On 15 October 2010, Bulgaria and Romania joined SIS II for law enforcement cooperation.[55] On 9 June 2011, the Council of Ministers concluded that the evaluation process had been completed successfully and that the two countries fulfilled all technical accession criteria.[56] Bulgaria's and Romania's bids to join the Schengen Area were approved by the European Parliament in June 2011[57] but rejected by the Council of Ministers in September 2011, with the Dutch and Finnish governments citing concerns about shortcomings in anti-corruption measures and in the fight against organised crime.[58][59] Although the original plan was for the Schengen Area to open its air and sea borders with Bulgaria and Romania by March 2012, and its land borders by July 2012,[59] continued opposition from Germany, Finland and the Netherlands has delayed the two countries' entry to the Schengen Area.[60][61] On 4 October 2017, the "European Parliament voted for "access" of Bulgaria and Romania to the Schengen Information System."[62] And on 15 October 2010, Bulgaria and Romania joined SIS II for law enforcement cooperation.[63] On 1 August 2018, Bulgaria and Romania gained full access to Schengen Information System.[64] Moreover, "the final political decision whether the two countries can become part of the Schengen area and stop systematic border checks with neighbouring EU countries must be taken unanimously by all sides of the European Council."[62] On December 11, 2018, the European Parliament voted for the resolution in favour of accepting both countries, requiring the European Council to "act swiftly" on the matter.[65][66]
كرواتيا
While Croatia, which joined the EU on 1 July 2013, is also legally bound to eventually join the Schengen Area, implementation has been delayed. In March 2015, Croatia's then Interior Minister Ranko Ostojić said that his country was ready to join the Schengen Area. Croatia requested that the EU conduct a technical evaluation, which took a year and a half, and started on 1 July 2015.[67] This evaluation was positive and Croatia got access to the Schengen Information System in January 2017.[68] On 27 June 2017, Croatia joined SIS II for law enforcement cooperation.[69]
Croatia has 990 kilometres (620 mi) land border and 58 border controls with other EU countries (Slovenia and Hungary).[بحاجة لمصدر]
The influx of refugees and migrants from Greece through North Macedonia and Serbia to Croatia and then to current Schengen member states like Slovenia, Austria and Hungary, as part of the 2015 European migrant crisis, has led some to question whether there will be the political consensus necessary for further enlargement of the Schengen Area.[70][71][72][73] In September 2015, Hungary threatened to veto Croatia's accession to the Schengen Area after it allowed migrants to transit the country into Hungary.[74] Slovenia has suggested it could veto Croatia's accession to the Schengen Area as a result of its border dispute.[75]
In October 2018, a senior Croatian government official said Croatia's goal was to meet the technical criteria to join Schengen by the end of 2018, and hoped to join by 2020.[76] Jean-Claude Juncker, President of the European Commission, stated in June 2019 that he "would like us [the EU Commission] to propose Croatia’s accession to the Schengen Area under our mandate".[77] In May 2019, during a visit to the country, the German Chancellor Angela Merkel said that Germany fully supports Croatia joining the Schengen.[77]
In July 2019, Croatia received unofficial information from the European Commission that it has met all technical requirements for accession to the Schengen area.[78] In early September 2019, the Croatian Prime Minister Andrej Plenkovic said that Croatia will "absolutely join Schengen".[79] On 27 September 2019 he said that "Slovenia can't block Croatia's Schengen entry indefinitely",[80] but on the next day Croatian media published that at least three states opposed.[81]
On 22 October 2019, the European Commission backed Croatia to join the Schengen Area, a preliminary stage for full accession into the Schengen Area.[82]
| State | Area (km2) | Population[17] (2016) |
Signed[Note 1] | Target decision date[Note 2] | Obstacles |
|---|---|---|---|---|---|
 بلغاريا
|
110٬994 | 7,131,494 | 25 April 2005[83] | As soon as possible | Lack of consensus by the Council of the European Union for Justice and Home Affairs that the country should join the Schengen area, despite fulfilling the formal accession criteria |
 كرواتيا
|
56٬594 | 4,213,265 | 9 December 2011[84] | Sometime mid-2020[85] | Political issues like the European migrant crisis[74] and border dispute with Slovenia could jeopardize the accession process.[75] The Council has to take the formal decision after the Commission concluded that the country fulfills the technical accession criteria on October 22, 2019.[86] |
 قبرص
|
9٬251 | 1,170,125 | 16 April 2003[23] | No official target date exists | Asymmetrical border regime, caused by Cyprus dispute[87] |
 رومانيا
|
238٬391 | 19,778,083 | 25 April 2005[83] | As soon as possible | Lack of consensus by the Council of the European Union for Justice and Home Affairs that the country should join the Schengen area, despite fulfilling the formal accession criteria |
ملاحظات
أقاليم دول شنگن خارج المنطقة
There are territories of Schengen member states that are exempted from the Schengen Agreement. Areas located outside Europe are not part of the Schengen Area. The only areas of Schengen member states located in Europe but excluded are the Faroe Islands and Svalbard.
The French overseas departments of French Guiana, Guadeloupe, Martinique, Mayotte and Réunion, and the overseas collectivity of Saint Martin are part of the European Union but do not form part of the Schengen Area, which means that you can't travel to those departments with a French Schengen Visa. The EU's freedom of movement provisions apply, but each territory operates its own visa regime for non-European Economic Area (EEA), non-Swiss nationals. While a visa valid for one of these territories will be valid for all, visa exemption lists differ.[88] A Schengen visa, even one issued by France, is not valid for these territories. A visa for Sint Maarten (which is valid for travelling to the Dutch side of the island of Saint Martin) is also valid for the French side.[89] France also has several territories which are neither part of the EU nor the Schengen Area.[90] These are: French Polynesia, French Southern and Antarctic Lands, New Caledonia, Saint Barthélemy, Saint-Pierre and Miquelon, and Wallis and Futuna.
Only the Netherlands' European territory is part of the Schengen Area. Six Dutch territories in the Caribbean are outside the Area. Three of these territories – Bonaire, Sint Eustatius and Saba (collectively known as the BES islands) – are special municipalities within the Netherlands proper. The other three – Aruba, Curaçao and Sint Maarten – are autonomous countries within the Kingdom of the Netherlands. All islands retain their status as Overseas countries and territories and are thus not part of the European Union. The six territories have a separate visa system from the European part of the Netherlands and people travelling between these islands and the Schengen Area are subjected to full border checks, with a passport being required even for EU/Schengen citizens, including Dutch (national ID cards are not accepted).[91]
Svalbard is part of Norway and has a special status under international law. It is not part of the Schengen Area. There is no visa regime in existence for Svalbard either for entry, residence or work,[92] but it is difficult to visit Svalbard without travelling through the Schengen Area,[92] although there are charter flights from Russia. Since 2011, the Norwegian government has imposed systematic border checks on individuals wishing to enter and leave Svalbard, requiring a passport or national identity card for non-Norwegian citizens. As a result, the border between Svalbard and the rest of Norway is largely treated like any other external Schengen border.[93] A Schengen visa must be multiple entry to allow returning to Norway.[94] There is no welfare or asylum system for immigrants on Svalbard, and people incapable of supporting themselves may be sent away.[94]
The Danish territories of the Faroe Islands and Greenland are neither part of the European Union nor the Schengen Area, and visas to Denmark are not automatically valid in these territories. However, both of these territories lack border controls on arrivals from the Schengen Area, and the air or sea carriers are responsible for carrying out document checks before boarding, as is common for travel inside the Schengen Area. Citizens of EU/EFTA countries can travel to the Faroes and Greenland using a passport or national ID card, while citizen of Denmark, Finland, Iceland, Norway or Sweden can use any acceptable identification (such as driving licences or bank ID cards, which is advised against since aircraft might be diverted to Scotland when foggy).[95][96]
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الدول الأعضاء في الاتحاد الأوروپي ذات حق الانسحاب
When EU states were negotiating subsuming the Schengen Agreement into the EU by the Treaty of Amsterdam, Ireland and the United Kingdom were the only member states that had not signed the Agreement. The UK did not want to join and Ireland wished to maintain its Common Travel Area with the United Kingdom and associated islands, an arrangement that would be incompatible with Schengen membership while the UK remained out. As a result, both negotiated an opt-out from the part of the treaty which was to incorporate the Schengen rules (or acquis) into EU Law when it came into effect on 1 May 1999.[97] Under the relevant protocol, either may request to participate in aspects of the Schengen acquis but this is subject to the approval of the Schengen states.[98] On 31 January 2020, the United Kingdom withdrew from the European Union and the protocol ceased to apply to it. Ireland will continue to operate the Common Travel Area and not join the Schengen Area for the foreseeable future, because it wants to keep open its land border with the UK.[99]
In 1999, the UK formally requested participation in certain provisions of the Schengen acquis – Title III relating to Police Security and Judicial Cooperation – in 1999, and this request was approved by the Council of the European Union on 29 May 2000.[100] The United Kingdom's formal participation in the previously approved areas of cooperation was put into effect by a 2004 Council decision that came into effect on 1 January 2005.[101] Although the United Kingdom was not part of the Schengen passport-free area,[102] it still used the Schengen Information System, a governmental database used by European countries to store and disseminate information on individuals and property. This allowed the UK to exchange information with countries that are a part of the Schengen agreement, often for the sake of liaising over law enforcement.[103] In 2020, the UK declared that it will withdraw from these arrangements at the end of its transition period.
In contrast, while Ireland initially submitted a request to participate in the Schengen acquis in 2002, which was approved by the Council of the European Union,[104] that decision has not yet been put into effect. In February 2010 the Irish Minister for Justice, in response to a parliamentary question, said that: "[t]he measures which will enable Ireland to meet its Schengen requirements are currently being progressed".[105]
وضع الدويلات الأوروپية الضئيلة
Liechtenstein is landlocked and does not have an international airport. It has been a member of the Schengen Area since 2011. It does not have a border check at the Balzers heliport, as flights to/from Balzers must be to/from the Schengen Area. Liechtenstein does not issue visas, and recommends visitors apply for a visa in another Schengen country, e.g. Switzerland.[106]
Three European microstates—Monaco, San Marino and the Vatican City—are officially not part of Schengen, but are considered de facto within the Schengen Area, meaning they are accessible without any border controls. They have open borders and do not have border controls with the Schengen countries that surround them. Some national laws have the text "countries against which border control is not performed based on the Schengen Agreement and the 562/2006 EU regulation",[107] which then includes the microstates and other non-EU areas with open borders. The three microstates cannot issue Schengen visas and, with the exception of Monaco, are not part of the Schengen Area. San Marino and the Vatican City are both landlocked states surrounded by Italy and neither has an airport or seaport. They do not perform border checks for arrivals from outside Schengen. Helicopters are not permitted to go from outside Schengen or from a ship directly to San Marino or the Vatican City.
Monaco has an open border with France. Schengen laws are administered as if it were part of the EU, and Schengen visas are accepted. Both French and Monégasque authorities carry out checks at Monaco's seaport and heliport.
San Marino has an open border with Italy, although some random checks are made by Guardia di Finanza and San Marino's Guardia di Rocca.
Vatican City has an open border with Italy. In 2006 it showed interest in joining the Schengen agreement for closer cooperation in information sharing and similar activities covered by the Schengen Information System.[108] Very exceptionally, Italy has allowed people to visit the Vatican City, without being accepted for an Italian visa, then being escorted by police between the airport and the Vatican, or using helicopter.[بحاجة لمصدر] However, there is no customs union (no customs duty either) between Italy and Vatican, hence all vehicles are checked at the Vaticano boundaries.
Andorra is landlocked and does not have an airport or seaport, but there are several heliports. Visitors to the country can only gain access by road or helicopter through Schengen members France or Spain. Andorra maintains border controls with both France and Spain. There are border controls in the other direction also, but these are more focused on customs control (Andorra is considered a tax haven with 4% VAT). Andorra does not have any visa requirements. Citizens of EU countries need either a national identity card or passport to enter Andorra, while anyone else requires a passport or equivalent. Schengen visas are accepted,[109] but those travellers who need a visa to enter the Schengen Area need a multiple-entry visa to visit Andorra, because entering Andorra means leaving the Schengen Area,[110] and reentering France or Spain is considered a new entry into the Schengen Area.
اعتبارا من 2015[تحديث], Andorra, Monaco and San Marino were negotiating an Association Agreement with the EU. Andorra's ambassador to Spain, Jaume Gaytán, has said that he hopes that the agreement will include provisions to make the states associate members of the Schengen Agreement.[111]
الاقتصاد
For any two countries in the Schengen area, total trade between them increases by approximately 0.1% per year. The same amount of increase in trade is gained again for every 1% annual increase in immigration between the countries.[112][3] On average, at each border the removal of controls is equivalent to the removal of a 0.7% tariff, and the cost savings on a trade route increase with the number of internal borders crossed. Countries outside of the Schengen area also benefit.[6]
About 1.7 million people commute to work across a European border each day, and in some regions these people constitute up to a third of the workforce. For example, 2.1% of the workers in Hungary work in another country, primarily Austria and Slovakia. Each year, there are 1.3 billion crossings of Schengen borders in total. 57 million crossings are due to transport of goods by road, with a value of €2.8 trillion each year.[3][113][114] The trade in goods is affected more strongly than trade in services, and the decrease in the cost of trade varies from 0.42% to 1.59% depending on geography, trade partners, and other factors.[6]
ضوابط الحدود الداخلية
Before the implementation of the Schengen Agreement, most borders in Europe were patrolled and a vast network of border posts existed around the continent, to check the identity and entitlement of people wishing to travel from one country to another.
Since the implementation of the Schengen rules, border posts have been closed (and often entirely removed) between participating countries.
The Schengen Borders Code requires participating states to remove all obstacles to free traffic flow at internal borders.[115] Thus, road, rail and air passengers no longer have their identity checked by border guards when travelling between Schengen countries, although security controls by carriers are still permissible.[116] Travellers should still bring a passport or national identity card, as one may be required.
Passport stamps are never issued when travelling between Schengen member states, even when border countrols between Schengen member states are temporarily re-introduced.[117]
التقتيش داخل البلد
Although EU and EFTA nationals travelling within the Schengen Area are not required to show passports, national identity cards or other identity documents at an internal border, the laws of most countries still require them to carry national identity documents and to produce them to an authorised person on request.[118] Different rules apply to other nationals.[118] It is the obligation of everyone travelling within the area to be able to show a fully valid form of personal identification accepted by other Schengen states, typically one issued by the state.[119][120]
According to the Schengen rules, hotels and other types of commercial accommodation must register all foreign citizens, including citizens of other Schengen states, by requiring the completion of a registration form by their own hand. This does not apply to accompanying spouses and minor children or members of travel groups. In addition, a valid identification document has to be produced to the hotel manager or staff.[121] The Schengen rules do not require any other procedures; thus, the Schengen states are free to regulate further details on the content of the registration forms, and identity documents which are to be produced, and may also require the persons exempted from registration by Schengen laws to be registered. Enforcement of these rules varies by country.
The Schengen regulation on crossing internal borders[122] describes the checks for foreigners done by the police at suitable places inside each country.[مطلوب توضيح]
الضوابط الداخلية
The European Union constitutes a customs union and a Value Added Tax area. However, not all Schengen states or all of the territory of Schengen states are part of the customs union or VAT area. Some countries therefore legally conduct customs controls targeted at illegal goods, such as drugs.
Security checks can legally be carried out at ports and airports. Also police checks can be conducted if they:[123]
- do not have border control as an objective;
- are based on general police information and experience regarding possible threats to public security and aim, in particular, to combat cross-border crime;
- are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders;
- are carried out on the basis of spot-checks.
السفر الجوي
For flights within the Schengen Area (either between Schengen member states or within the same Schengen member state), law enforcement agencies, airport authorities and air carriers are only permitted to carry out security checks on passengers and may not carry out border checks.[124][125] Such security checks can be conducted through the verification of the passenger's passport or national identity card:[126][127] such a practice must only be used to verify the passenger's identity (for commercial or transport security reasons) and not his or her immigration status.[125] For this reason, law enforcement agencies, airport authorities and air carriers cannot require air passengers flying within the Schengen Area who are third-country nationals to prove the legality of their stay by showing a valid visa or residence permit.[125] In addition, according to European Commission guidelines, identity checks on air passengers flying within the Schengen Area should take place only either at check-in, or upon entry to the secured zone of the airport, or at the boarding gate: passengers should not be required to undergo a verification of their identity on more than one occasion before their flight within the Schengen Area.[125] Nevertheless, the identity checks function as practical border controls anyway, and are a problem for illegal immigrants who arrive in Greece (which has no land border to another Schengen country) and want to go to some other Schengen country.[128][129] The requirements as to which identity document to possess varies by country and airline. Normally a passport or EU national identity card is needed. Greece, Iceland and Malta do not share land borders with other Schengen member states.
Travellers boarding flights between Schengen countries, but originating from a third country outside the area, are required to go through Schengen entry border checks upon arrival in the Schengen Area. This is because the route originates outside the Schengen area and the authorities at the final destination would have no way of differentiating between arriving passengers who boarded at the origin and those who joined in the middle. Additionally, travellers are required to process through Schengen exit border checks upon departure.
الضوابط المؤقتة للحدود
A Schengen member state is permitted to reinstate border controls with another Schengen member state for a short period where there is a serious threat to that state's "public policy or internal security" or when the "control of an external border is no longer ensured due to exceptional circumstances".[130] When such risks arise out of foreseeable events, the state in question must notify the European Commission in advance and consult with other Schengen states.[131]
The introduction of temporary controls at internal borders is a prerogative of the member states. Although the European Commission may issue an opinion about the necessity and proportionality of introducing temporary controls at internal borders, it cannot veto or override such a decision if it is taken by a member state.[132]
In April 2010 Malta introduced temporary checks due to Pope Benedict XVI's visit.[133] It reimposed checks in 2015 in the weeks surrounding the Commonwealth Heads of Government Meeting.
Estonia introduced temporary checks in September 2014 due to the visit of US President Barack Obama.[134]
In response to the European migrant crisis in 2015, several Schengen countries set up border controls.
In 2019, Denmark set up border controls with Sweden due to serious attacks by Swedes.[135] The controls were scheduled to be in force for six months.[136]
In response to the coronavirus pandemic in 2020, several Schengen countries set up border controls. Several of these controls blocked citizens of EU/Schengen countries from entering, only allowed citizens or residents of the country to enter, plus prioritised traffic like food transport.[137] On 27 March 2020, the European Commission published 'Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak', stating that member states should allow cross-border workers 'unhindered access' and 'ensure a smooth passage' across the internal Schengen borders if they exercise a 'critical occupation' (such as health professionals, care workers, scientists in health-related fields, workers in the pharmaceutical and medical services/food/transportation/essential infrasturcture industries, engineers, Information and Communications Technology professionals, firefighters/police officers/prison officers/security guards, fishermen and public servants). Further, any health screening for cross-border workers such be carried out under the same conditions as the member state's own nationals exercising the same occupations.[138]
Internal border controls reimposed in 2010s and 2020s
The table below lists ongoing internal border controls, according to the information that the member states have provided to the European Commission,[132] or other sources.[139] Health checks at the borders are not legally considered to be border controls.[140]
| Member state | Internal borders concerned | Reason | First day | Last day (currently planned) |
|---|---|---|---|---|
 النمسا
|
Land borders with Hungary and Slovenia: Border can be crossed only at the authorised border crossing points. | European migrant crisis | 16 سبتمبر 2015 | 12 مايو 2020 |
| النمسا
|
Land border with Germany, Italy, Liechtenstein and Switzerland | 2019–20 coronavirus pandemic | 18 مارس 2020 | 7 أبريل 2020 |
.svg){kind=small} بلجيكا
|
All internal Schengen borders; with general restrictions in the free movement of people.[141] | 2019–20 coronavirus pandemic | 20 مارس 2020 | 30 مارس 2020 |
 التشيك
|
Land borders with Austria and Germany, air borders | 2019-20 coronavirus pandemic | 14 مارس 2020 | 4 أبريل 2020 |
 الدنمارك
|
All internal Schengen borders with an initial focus on land and sea borders (ferries) with Germany | European migrant crisis | 4 يناير 2016 | 12 مايو 2020 |
| الدنمارك
|
All internal Schengen borders; with general restrictions in the free movement of people.[142][143] | 2019–20 coronavirus pandemic | 14 مارس 2020 | 13 أبريل 2020 |
 إستونيا
|
All internal Schengen borders[144][145] | 2019–20 coronavirus pandemic | 17 مارس 2020 | 15 أبريل 2020 |
 فنلندا
|
All internal Schengen borders | 2019–20 coronavirus pandemic | 19 مارس 2020 | 13 أبريل 2020 |
 فرنسا
|
All internal Schengen borders | European migrant crisis | 13 نوفمبر 2015 | 30 أبريل 2020 |
 ألمانيا
|
Land border with Austria | European migrant crisis | 13 سبتمبر 2015 | 12 مايو 2020 |
| ألمانيا
|
Land and air borders with Austria, Switzerland, France, Luxembourg, Denmark, Italy and Spain, sea borders with Denmark | 2019–20 coronavirus pandemic | 19 مارس 2020 | 15 أبريل 2020 |
 المجر
|
Land borders with Austria and Slovenia | 2019–20 coronavirus pandemic | 12 مارس 2020 | 11 أبريل 2020 |
 لتوانيا
|
All internal Schengen borders; with general restrictions in the free movement of people.[146] | 2019–20 coronavirus pandemic | 14 مارس 2020 | 13 أبريل 2020 |
 النرويج
|
All internal Schengen borders with an initial focus on ports with ferry connections to Denmark, Germany, and Sweden | European migrant crisis | 26 نوفمبر 2015 | 12 مايو 2020 |
| النرويج
|
All internal Schengen borders; with general restrictions in the free movement of people. | 2019–20 coronavirus pandemic | 16 مارس 2020 | 15 أبريل 2020 |
 پولندا
|
All internal Schengen borders; with general restrictions in the free movement of people.[147][143] | 2019–20 coronavirus pandemic | 15 مارس 2020 | 24 مارس 2020 |
 الپرتغال
|
Land border with Spain; with general restrictions in the free movement of people.[148] | 2019–20 coronavirus pandemic | 16 مارس 2020 | 15 أبريل 2020 |
 سلوڤاكيا
|
All internal Schengen borders; with general restrictions in the free movement of people.[149] | 2019–20 coronavirus pandemic | 13 مارس 2020 | |
 سلوڤنيا
|
Land border with Italy | 2019–20 coronavirus pandemic | 10 مارس 2020 | |
 إسپانيا
|
All internal Schengen land borders; with general restrictions in the free movement of people.[150] | 2019–20 coronavirus pandemic | 17 مارس 2020 | 11 أبريل 2020 |
 السويد
|
All internal Schengen borders | European migrant crisis | 12 نوفمبر 2015 | 12 مايو 2020 |
 سويسرا
|
Land border with Italy | 2019–20 coronavirus pandemic | 13 مارس 2020 | 12 أبريل 2020 |
| سويسرا
|
Land borders with Austria and France | 2019–20 coronavirus pandemic | 16 مارس 2020 | 15 أبريل 2020 |
| سويسرا
|
Air borders with Austria, France, Italy, Germany and Spain | 2019–20 coronavirus pandemic | 18 مارس 2020 | 17 أبريل 2020 |
| سويسرا
|
Air borders except to Liechtenstein | 2019–20 coronavirus pandemic | 25 مارس 2020 | 4 أبريل 2020 |
اعتبارا من 7 يناير 2020[تحديث], the Commission continues to anticipate that these controls will be lifted by 12 May 2020.[132]
French controls against migrants from northern Africa
Following the Tunisian Revolution of 2010–11, the government of Italy gave six-month residence permits to some 25,000 Tunisian migrants.[151][152] This allowed the migrants to travel freely in the Schengen Area. In response, both France and Germany threatened to impose border checks, not wanting the Tunisian refugees to enter their territory.[152] In April 2011, for several hours, France blocked trains carrying the migrants at the French/Italian border at Ventimiglia.[152]
At the request of France, in May 2011 the European Commissioner for Home Affairs, Cecilia Malmström proposed that more latitude would be available for the temporary re-establishment of border control in the case of strong and unexpected migratory pressure, or the failure of a state to protect the external borders of the EU.[151]
On 25 July 2011, in delivering the European Commission's final assessment on the measures taken by Italy and France,[153] the Home Affairs Commissioner said, "[f]rom a formal point of view steps taken by Italian and French authorities have been in compliance with EU law. However, I regret that the spirit of the Schengen rules has not been fully respected".[153] Ms. Malmström also called for a more coherent interpretation of the Schengen rules and a stronger evaluation and monitoring system for the Schengen Area.[153]
2015 migrant crisis
During the migrant crisis of September 2015, Germany announced it was temporarily bringing border controls back in accordance with the provisions on temporary border controls laid down by the Schengen acquis. Such border controls appear to be an attempt to prevent disorder from making the crisis worse. Open borders appeared to have impeded Germany's ability to provide for very large numbers of persons seeking refuge all at once. Germany signals the border controls are only temporary, and only to support an orderly flow of migration into the area.[معلومات قديمة]
Other countries, including Austria, Denmark, Slovenia, Hungary, Sweden and Norway have set up border controls in response to the crisis.[154]
In December 2015, Sweden passed a temporary law that allows the government to oblige all transport companies to check that their passengers carry valid photographic identification. The new law came into effect on 21 December 2015 and is valid until 21 December 2018.[155] The government decided that the new rules will apply from 4 January 2016 until 4 July 2016. The new law led to the mandatory train change and passage though border control at Copenhagen Airport for travellers between Copenhagen and Sweden, and with a reduction in service frequency.[156] Sweden introduced border control from Denmark earlier (15 November 2015), but that could not stop the migrant flow, since they have the right to apply for asylum once on Swedish ground. First when the transport companies had to stop foreigners on the Danish side, asylum seekers were efficiently stopped. This caused considerable disruption to the train traffic since the railway station did not have capacity for such checks. These checks lasted until 4 May 2017, after the EU commission declared such checks not acceptable.
On 30 May 2018, when the migrant crisis border controls were still active in some countries, the European Parliament decided to condemn prolonged border checks between Schengen area member countries.[157] But this was only a statement as the Parliament does not decide this.
هجمات پاريس 2015
After the November 2015 Paris attacks, France introduced full identity and nationality checks at its borders.
تنظيم الحدود الخارجية
Participating countries are required to apply strict checks on travellers entering and exiting the Schengen Area. These checks are co-ordinated by the European Union's Frontex agency, and subject to common rules. The details of border controls, surveillance and the conditions under which permission to enter into the Schengen Area may be granted are exhaustively detailed in the Schengen Borders Code.[158][159]
Temporary restriction on the entry of persons without the right of free movement for non-essential travel
In view of the coronavirus pandemic, on 16 March 2020 the European Commission issued a recommendation to all EU and Schengen member states to introduce a temporary restriction on the entry of third-country nationals (i.e. travellers who are not EU/EEA/Swiss/British citizens and family members with the right of free movement) to the Schengen Area for non-essential travel for an initial period of 30 days (with the possible prolongation of this period to be assessed based on further developments). However, third-country nationals who are holders of long-term visas or residence permits or are family members of EU/EEA/Swiss/British citizens are exempt from this restriction. Further, third-country nationals 'with an essential function or need' (such as healthcare workers, transport personnel, aid workers, military personnel, seasonal agricultural workers), passengers in transit, those travelling 'for imperative family reasons' and those 'in need of international protection or for other humanitarian reasons' are exempt from this restriction. Nevertheless, the European Commission re-iterated that 'coordinated and reinforced health checks' should be carried out on all travellers who are permitted to enter the EU and Schengen Area.[160] All EU (except Ireland) and Schengen member states are now applying this travel restriction.[161]
Further, on 30 March 2020, the European Commission published 'Guidance on the implementation of the temporary restriction on non-essential travel to the EU, on the facilitation of transit arrangements for the repatriation of EU citizens, and on the effects on visa policy' in order to provide 'advice and practical instructions'. The Guidance states that member states are permitted to take measures (such as requiring non-nationals to undergo a period of self-isolation if arriving from a territory affected by Covid-19), provided that the same requirements is imposed on its own nationals. The Guidance also clarifies that citizens of the European micro-states (Andorra, the Holy See, Monaco and San Marino) are exempt from the temporary restriction on the entry of third-country nationals to the European Union and the Schengen Area for non-essential travel. In addition, citizens of Serbia, North Macedonia, Montenegro and Turkey should be permitted entry to the European Union and the Schengen Area if they are stranded abroad in order to facilitate repatriation to their country of origin. Third-country nationals (not covered by one of the exemptions from the temporary restriction of entry for non-essential reasons) who seek to enter the Schengen Area will be refused entry at the external border crossing point and will receive a refusal of entry form (with the reason of refusal marked as "I" (i.e. a threat to public health)), as well a passport stamp cancelled by an indelible cross in black ink and the letter "I" on the right hand side.[162]
Border checks
All persons crossing external borders—inbound or outbound—are subject to a check by a border guard. The only exception is for regular cross-border commuters (both those with the right of free movement and third-country nationals) who are well known to the border guards: once an initial check has shown that there is no alert on record relating to them in the Schengen Information System or national databases, they can only be subject to occasional 'random' checks, rather than systematic checks every time they cross the border.[163][164][165]
Previously, EU, EEA and Swiss citizens, as well as their family members enjoying the right of free movement, were subject only to a 'minimum check' when crossing external borders. This meant that their travel document was subject only to a 'rapid' and 'straightforward' visual inspection and an optional check against databases for lost/stolen travel documents. Consultation of the Schengen Information System and other national databases to ensure that the traveller did not represent a security, public policy or health threat was only permitted on a strictly 'non-systematic' basis where such a threat was 'genuine', 'present' and 'sufficiently serious'.[166] In contrast, other travellers were subject to a 'thorough check'.[167]
However, in light of the terrorist attacks in Paris, during a meeting of the Council of the European Union on 20 November 2015, interior ministers from the Member States decided to 'implement immediately the necessary systematic and coordinated checks at external borders, including on individuals enjoying the right of free movement'.[168] Amendments were made to the Schengen Border Code to introduce systematic checks of the travel documents of EU, EEA and Swiss citizens, as well as their family members enjoying the right of free movement, against relevant databases when crossing external borders.[169] The new regime came into force on 7 April 2017.
Where carrying out systematic checks against databases would have a disproportionate impact on the flow of traffic at an external border, such checks may be relaxed if, on the basis of a risk assessment, it is determined that it would not lead to a security risk.[169][159] قالب:How
In 'exceptional' and 'unforeseen' circumstances where waiting times become excessive, external border checks can be relaxed on a temporary basis.[170][171][مطلوب أمثلة]
Border guards carry out the following procedures when checking travellers who cross external borders:[169][159]
| Procedure | EU/EEA/Swiss/British citizens and family members with right of free movement |
Third-country nationals (on entry) |
Third-country nationals (on exit) | |
|---|---|---|---|---|
| Checking the traveller's identity based on his/her travel document | نعم | نعم | نعم | |
| Checking that the travel document is valid and has not expired | نعم | نعم | نعم | |
| Checking the travel document for signs of falsification or counterfeiting | نعم | نعم | نعم | |
| Checking the travel document for signs of falsification or counterfeiting using technical devices (e.g. UV light, magnifiers) | Optional | Optional | Optional | |
| Checking the authenticity of the data stored on the RFID chip (if the travel document is biometric) | Optional | Optional | Optional | |
| Checking the travel document against the list of stolen, misappropriated, lost and invalidated documents in the Schengen Information System, Interpol’s SLTD database and other national databases | نعم | نعم | نعم | |
| Consulting the Schengen Information System and other national databases to ensure that the traveller does not represent a threat to public policy, internal security, public health or international relations of any Schengen Member State | نعم | Optional (consultation of databases only 'where necessary') |
نعم | |
| Recording the traveller's entry/exit in a database (Note that, as of April 2016, only 10 Schengen Member States—Estonia, Finland, Hungary, Latvia, Lithuania, Malta, Poland, Portugal, Slovakia and Spain—record third-country nationals' entries and exits in their national databases, but data is not exchanged between the national databases of these countries, nor is there a Schengen-wide centralised database tracking entries and exits in all 26 Schengen Member States.[172][173][174][175][176][177][178][179] Only Poland systematically records the entries and exits of EU, EEA and Swiss citizens.[180]) |
Optional | Optional | Optional | |
| Stamping the travel document | لا | Yes (with specific groups) |
Yes (with specific groups) | |
| Checking that the traveller has the appropriate visa/residence permit (if required) | لا | نعم | Optional | |
| Checking the authenticity of the short-stay visa (if required) and the identity of its holder by consulting the Visa Information System[181] | لا | نعم | Optional | |
| Examining entry and exit stamps in the travel document to ensure that the traveller has not exceeded the maximum duration of authorised stay | لا | Yes (with some exceptions)[182] |
Optional | |
| Verifying the traveller's point of departure and destination | لا | نعم | لا | |
| Verifying the traveller's purpose of stay | لا | Yes (with some exceptions)[183] |
لا | |
| Verifying any documents/evidence to support the traveller's purported purpose of stay | لا | Optional (with some exceptions)[183] |
لا | |
| Verifying that the traveller has sufficient funds for his/her stay and onward/return journey (or that he/she is in a position to acquire such means lawfully) | لا | Yes (with some exceptions)[183] |
لا | |
As shown by the table above, because many procedures are optional, border guards have discretion in deciding how rigorously they check travellers at external border crossing points. As a result, the length of time taken to perform checks differs between Schengen countries. Under the previous regime (whereby those with the right to freedom of movement were subject only to a 'minimum check'), an entry check for an EU, EEA or Swiss citizen took around five seconds on average in Italy, whilst in Norway, on average it took around 1 minute.[178] The disparities in checks on third-country nationals (who are subject to a more thorough check) are even greater. For example, an entry check for an Annex II national takes around 15 seconds on average in Greece, whilst it takes three to five minutes on average in Slovakia.[177][179] Similarly, an entry check for an Annex I national on average lasts around 30–60 seconds in The Netherlands, whilst in Latvia, it lasts around two to five minutes on average.[177]
After the new regime came into force on 7 April 2017, significantly longer waiting times were reported at numerous external border crossing points, especially as it was just before the Easter holiday. Travellers entering Slovenia from Croatia (which, though a European Union member state, is not yet part of the Schengen Area) had to wait several hours as Slovenian border guards systematically checked the travel documents of all travellers (including those with the right of free movement) against relevant databases.[184] The Prime Minister of Slovenia, Miro Cerar, acknowledged that the situation was 'unacceptable'. In order to alleviate the long queues, the systematic checking of travel documents of those with the right of free movement against relevant databases was temporarily suspended from the evening of Friday 7 April 2017 until the end of the weekend.[185][186] However, the following weekend, long queues re-appeared.[187] The Prime Minister of Croatia, Andrej Plenković, criticised the situation, calling it 'unsustainable', and expressed concern about the impact on tourism (which accounts for 18% of Croatia's GDP). The President of Croatia, Kolinda Grabar-Kitarović, sent a formal letter to the European Commission to voice her concern about the effect of the new regime on border checks.[188] At a meeting held on 29 April 2017, the President of the European Commission, Jean-Claude Juncker, Cerar and Plenković agreed that, moving forward, the systematic checking of the travel documents of those with the right of free movement against relevant databases would be suspended at land border crossing points between Croatia and Slovenia if the waiting time exceeds 15 minutes (with 'targeted checks' being carried out instead).[189] Long queues were also reported at external border crossing points in Greece, where the leadership of the Hellenic Police (which is responsible for border checks) decided to suspend, for a period of 6 months, the systematic checking of travel documents of those with the right of free movement against relevant databases (with the exception of the Kipoi land border crossing point with Turkey, due to security concerns). Greece was particularly affected by the implementation of the new regime as Greek identity cards are not machine-readable, which meant that border guards had to enter the holder's information manually into the computer system to check the relevant databases if a Greek citizen presented an identity card instead of a passport.[190] Similarly, long waiting times were reported at external border crossing points in France[191] and Spain.[192][193] Finland, Hungary and Italy also issued notifications suspending systematic checks at some external border crossing points.[194] In July 2017, Greece submitted a request to suspend the systematic checking of travel documents of those with the right of free movement against relevant databases for a further period of 18 months, due to 'infrastructure shortcomings and increased traffic at 12 airports across the country'.[195]
When carrying out checks at external borders, border guards are, by law, required to respect the dignity of travellers (particularly in cases involving vulnerable persons)[196] and are forbidden from discriminating against persons based on their sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.[197][198]
External border controls are located at roads crossing a border, at airports, at seaports and on board trains.[199] Usually, there is no fence along the land border, but there are exceptions like the Ceuta border fence, and some places at the eastern border.[200] However, surveillance camera systems, some equipped with infrared technology, are located at some more critical spots, for example at the border between Slovakia and Ukraine, where at some points there is a camera every 186 metres (203 yards).[201]
All travellers entering and leaving the Schengen Area by general aviation or on a pleasure boat have to make their first point of entry/final point of departure in an airport/aerodrome or a seaport that is designated as an external border crossing point. By way of derogation, travellers on board a pleasure boat are permitted to make their first port of call at a port that is not designated as an external border crossing point if they notify the port authorities and obtain authorisation from the border guards.[202] In practice, however, this is a loophole hard to check, and large-scale drug smuggling using private boats has been uncovered. Along the southern coast of the Schengen countries in the Mediterranean, coast guards make a substantial effort to prevent private boats from entering without permission.
At many external border crossing points, there are special lanes for EU, EEA and Swiss citizens (as well as their family members) and other lanes for all travellers regardless of nationality.[203] At some external border crossing points, there is a third type of lane for travellers who are Annex II nationals (i.e. non-EU/EEA/Swiss citizens who are exempt from the visa requirement).[204] Although Andorran and San Marinese citizens are not EU or EEA citizens, they are nonetheless able to use the special lanes designated for EU, EEA and Swiss citizens.[205] British citizens will not be able to use the EU lane after Brexit as the rules stand, unless such a right is negotiated into the Brexit agreement with the EU.
The additional obligations imposed by European law on national border authorities when it comes to processing travellers who are third-country nationals (e.g. the obligation to stamp their travel documents) should not prevent the development of automated border control systems which are made available to such travellers. As shown by the examples listed above of automated border control systems which have been developed at external border crossing points of the Schengen Area, national border authorities have been able to adapt the design of their automated border control systems to allow third-country nationals to make use of them. One solution is to have a border guard physically positioned next to the automated border gates who can stamp travel documents where required: this approach has been adopted by the Finnish Border Guard at the automated border gates in Helsinki Airport, where eligible users (who are required to receive a passport stamp) include holders of Australian, Canadian, Japanese, New Zealand, South Korean and United States biometric passports,[206] as well as by the Portuguese Serviço de Estrangeiros e Fronteiras at the automated border gates in Lisbon Airport where eligible users (who are required to receive a passport stamp) include holders of Angolan and Brazilian passports and holders of diplomatic/service passports. This approach has also been adopted in Italy, where eligible users of eGates include holders of Australian, Canadian, Israeli, Japanese, New Zealand, Singaporean, South Korean, United States and Vatican biometric passports. A similar but slightly different solution has been adopted by the Dutch Royal Marechaussee at the Privium iris recognition automated border gates at Amsterdam Schiphol Airport (where eligible users include registered EU/EEA/Swiss citizens, US citizens who are Global Entry members, and all nationals who are holders of diplomatic passports), as well as by the German Federal Police at the ABG Plus iris recognition automated border gates at Frankfurt Airport (where eligible users include registered EU/EEA/Swiss citizens and US citizens who are Global Entry members): when eligible third-country nationals use Privium/ABG Plus, after their iris is scanned and verified, a different gate opens to that for EU/EEA/Swiss citizens and the third-country national is directed to a lane which leads them to the front of the queue for manual passport checks at immigration desks, where the border officer stamps the user's passport. Another possible solution would be to design the automated border gates to print a paper slip with an entry or exit stamp on it, as well as the traveller's name and travel document number, whenever the user is a traveller who is subject to the requirement to have his or her travel document stamped.[207] At the Port of Helsinki, the Finnish Border Guard has adapted the design of the automated border gates there to widen eligibility to include Russian citizens (who, as Annex I nationals, are required to have a visa) by requiring them to scan both the biodata page and the visa inside their passport, then to step into the gate for a facial image and fingerprint recognition, and after the gate opens to approach a border officer to have their passport stamped.[206]
Sometimes, external border controls are located on non-Schengen territory. For example, the French Border Police operates border checks at juxtaposed controls on travellers departing the United Kingdom for the Schengen Area before they board their train or ferry at St Pancras International, Ebbsfleet International and Ashford International railway stations, as well as at the Port of Dover and the Eurotunnel Folkestone Terminal.[208][209]
ETIAS
In November 2016 the European Commission proposed a system for an electronic authorisation of visa-exempt third country nationals called ETIAS (European Travel Information and Authorisation System).[210] Foreign visitors will be required to submit personal data in advance and pay a processing fee (fee is waived for children). The application is to be done over the internet and need to be made a few days before travel. The authorisation will be valid for three years. It is imagined as a system similar to the ESTA system of the United States and the ETA system of Canada. As of March 2020, ETIAS is scheduled to enter into operation by the end of 2022.[211]
ETIAS requirements will in general apply to third country nationals who need no visa and have no residence permit or similar. See Visa policy of the Schengen Area#ETIAS for more details.
Carrier's responsibility
Schengen rules require that all carriers conveying passengers across the Schengen external border must check, before boarding, that passengers have the correct travel documents and visas required for entry.[212] Carriers that transport third-country nationals without the correct travel documents are imposed with financial penalties and are required to transport those refused entry back to the point of departure.[213] The aim of this measure is to prevent illegal immigration. Further, since immigrants have the right to apply for asylum at border control at ports of entry in the EU, though such applications must be made in person in the country where asylum status is sought, this measure has the effect of preventing prospective asylum seekers from boarding public transportation to the Schengen Area (unless they have already obtained a Schengen visa or are visa-exempt).
Short-stay and transit visas
The rules applicable to short-term entry visas into the Schengen Area are set out in EU regulations which contain two lists: a list of the nationalities (or classes of travel document holder) which require a visa for a short-term stay (the Annex I list) and a list which do not (the Annex II list).[214]
Being listed in the visa-free list will sometimes but not always exempt the listed nationality or class from the requirement to obtain a work permit if they wish to take up employment or self-employed activity during their stay; business trips are not normally considered employment in this sense.[215]
رسوم تأشيرة شنگن
In accordance with the guidelines of the European Union, any Schengen visa application has to be accompanied by a payment of visa fees. The fees (processing + visa) are to be paid on the day the application is being submitted and are normally payable only in the local currency equivalent. They are not refundable regardless of the outcome of the application. However, discounted fees are provided to some groups; and are waived for pupils/students on an official school/university trip, spouses and minor children of EU nationals, and children below six years of age regardless of nationality.
Entry conditions for third-country nationals
A Schengen visa or a visa exemption does not entitle the traveller to enter the Schengen Area, but rather allows the traveller to seek entry at the port. The Schengen Borders Code lists requirements which third-country nationals must meet to be allowed into the Schengen Area. For this purpose, a third-country national is a person who does not enjoy the right of free movement (i.e. a person who is not an EU, EEA, Swiss or British citizen, nor a family member of such a person who is in possession of a residence permit with the indication "family member of an EU citizen" or "family member of an EEA or CH citizen").
The entry requirements for third country nationals who intend to stay in the Schengen Area for not more than 90 days in any 180-day period are as follows:[216]
- The traveller is in possession of a valid travel document or documents authorising them to cross the border (a visa is not considered a travel document in this sense); the acceptance of travel documents for this purpose remains within the domain of the member states;[217]
- The travel document must be valid for at least 3 months after the intended date of departure from the Schengen Area (although in a justified case of emergency, this obligation may be waived) and must have been issued within the previous 10 years;[218]
- The traveller either possesses a valid visa (if required) or a valid residence permit;
- The traveller can justify the purpose and conditions of the intended stay and has sufficient means of subsistence, both for the duration of the intended stay and for the return to his or her country of origin or transit to a third country into which the traveller is certain to be admitted, or is in a position to acquire such means lawfully;
- The Schengen Information System does not contain a refusal of entry alert concerning the traveller, and
- The traveller is not considered to be a threat to public policy, internal security, public health or the international relations of any of the Schengen states.
However, even if the third-country national does not fulfil the criteria for entry, admission may still be granted:[219]
- On humanitarian grounds
- On grounds of national interests
- On grounds of international obligations
- If the person is not in possession of a visa, but fulfils the criteria for being issued a visa at the border
- If the person holds a residence permit or a re-entry visa issued by a Schengen state
Border guards are required to stamp the travel documents of third-country nationals when they cross external borders.[220] However, nationals of Andorra, Monaco, San Marino and Vatican City are exempt from this requirement, as are heads of state, whose visits were announced through diplomatic channels, and holders of local border traffic permits and residence permits issued by a Schengen member state.[221][222] Certain exemptions also apply to the crews of ships and aircraft.[223] Third-country nationals who otherwise fulfil all the criteria for admission into the Schengen Area must not be denied entry for the sole reason that there is no remaining empty space in their travel document to affix a stamp; instead, the stamp should be affixed on a separate sheet of paper.[224]
Exit stamp for air travel issued at Prague airport.
Exit stamp for rail travel, issued at Bad Schandau train station.
Exit stamp for road travel, issued at Korczowa border crossing.
Exit stamp for sea travel, issued at Helsinki port.
Stays in excess of 90 days
For stays in the Schengen Area as a whole which exceed 90 days, a third-country national will need to hold either a long-stay visa for a period no longer than a year, or a residence permit for longer periods. A long-stay visa is a national visa but is issued in accordance with a uniform format. It entitles the holder to enter the Schengen Area and remain in the issuing state for a period longer than 90 days but no more than one year. If a Schengen state wishes to allow the holder of a long-stay visa to remain there for longer than a year, the state must issue him or her with a residence permit.
The holder of a long-stay visa or a residence permit is entitled to move freely within other states which compose the Schengen Area for a period of up to three months in any half-year.[225] Third-country nationals who are long-term residents in a Schengen state may also acquire the right to move to and settle in another Schengen state without losing their legal status and social benefits.[226]
Asylum seekers who request international protection under the Geneva Convention from a Schengen member state are not issued a residence permit, but are instead issued, within three days of the application being lodged, an authorisation to remain on the territory of the member state while the application is pending or being examined. This means that, whilst their application for refugee status is being processed, asylum seekers are only permitted to remain in the Schengen member state where they have claimed asylum and are not entitled to move freely within other states which compose the Schengen Area.[227] Successful applicants who have been granted international protection by a Schengen member state are issued residence permits which are valid for at least three years and renewable, whilst applicants granted subsidiary protection by a Schengen member state are issued residence permits valid for at least 1-year and renewable, unless there are compelling reasons relating to national security or public order. Family members of beneficiaries of international or subsidiary protection from a Schengen member state are issued residence permits as well, but their validity can be shorter.[228] Applicants who have been granted temporary protection by a Schengen member state (as well as their reunited family members) are issued residence permits valid for the entire period of temporary protection.[229]
However, some third-country nationals are permitted to stay in the Schengen Area for more than 90 days without the need to apply for a long-stay visa. For example, France does not require citizens of Andorra, Monaco, San Marino and the Vatican City to apply for a long-stay visa.[230] In addition, Article 20(2) of the Convention implementing the Schengen Agreement allows for this 'in exceptional circumstances' and for bilateral agreements concluded by individual signatory states with other countries before the Convention entered into force to remain applicable. As a result, for example, New Zealand citizens are permitted to stay for up to 90 days in each of the Schengen countries (Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Luxembourg, The Netherlands, Norway, Poland, Portugal, Spain, Sweden and Switzerland) which had already concluded bilateral visa exemption agreements with the New Zealand Government prior to the Convention entering into force without the need to apply for long-stay visas,[231][232][233][234][235] but if travelling to other Schengen countries the 90 days in a 180-day period time limit applies.
Entry conditions for third-country family members of EEA nationals
The right of entry into the EEA and Switzerland (includes all EU and EEA countries and Switzerland) without additional visa was extended to the third-country family members of EEA nationals exercising their treaty right of free movement who hold a valid residence card of their EEA host country and wish to visit any other EEA member state for a short stay up to 90 days.[236][237] This is implied in Directive 2004/38/EC, Article 5(2) provided that they travel together with the EEA national or join their spouse/partner at a later date (Article 6(2)). If the non-EEA family member has neither an EEA residence card nor a visa, but can show their family tie with the EU national by other means, then a visa must be issued at the border free of charge and entry permitted.[238][239]
However, this requirement has (as of December 2008) been incorrectly transposed into Belgian, Latvian and Swedish law, and not transposed at all by Austria, Denmark, Estonia, Italy, Lithuania, Germany and Slovenia.[240] Five member states (as of December 2008), do not follow the Directive to the effect that non-EEA family members may still face difficulties (denial of boarding the vessel by the transport company, denial to enter by border police) when travelling to those states using their residence card gained in another EU country. A visa or other document(s) may still be required.[240]
For example, the UK interprets "residence card" in Article 5(2) of the Directive to mean "UK" residence card, and ignores other cards, instead requiring an "EEA family permit" contrary to the Directive.[241] Showing the family tie with the EU national by other means (as mentioned above) should circumvent this. Denmark and Ireland do not prescribe that a valid residence card will exempt non-EEA family members from the visa requirement.[242][243] Spain only permits residence cards from Schengen countries, therefore cards from the UK, Ireland, Bulgaria, Romania, and Cyprus are not allowed. The Spanish legislation is not in conformity with the Directive.[244] Austria, somewhat like the UK, seems to require a permanent residence card issued by the Austrian authorities to enter without visa.[245]
As of 6 April 2015, the non-EU family members of an EU national who are in possession of a residence card, which is issued to them under article 10 of directive 2004/38/EC, are entitled to enter the UK without the need to apply for an EEA Family Permit or a Visa, only by providing their residence card at the border. However, the UK border officers would grant entry to non-EU family members if they can prove their relation to the EU national family member who would be accompanying them, by providing documents such as marriage certificate or birth certificate. Entering the UK as the holder of an Article 10 residence card
المرور الحدودي المحلي عند الحدود الخارجية
Schengen states which share an external land border with a non-EU member state are authorised by virtue of the EU Regulation 1931/2006 to conclude or maintain bilateral agreements with neighbouring third countries for the purpose of implementing a local border traffic regime.[246] Such agreements define a border area which may extend to a maximum of 50 kilometres (31 mi) on either side of the border, and provide for the issuance of local border traffic permits to residents of the border area. Permits may be used to cross the EU external border within the border area, are not stamped on crossing the border and must display the holder's name and photograph, as well as a statement that its holder is not authorised to move outside the border area and that any abuse shall be subject to penalties.
Permits are issued with a validity period of between one and five years and allow for a stay in the border area of up to three months. Permits may only be issued to lawful residents of the border area who have been resident in the border area for a minimum of one year (or longer if specified by the bilateral agreement). Applicants for a permit have to show that they have legitimate reasons to cross frequently an external land border under the local border traffic regime. Schengen states must keep a central register of the permits issued and have to provide immediate access to the relevant data to other Schengen states.
Holders of local border traffic permits are able to spend up to 3 months every time they enter the border area of the country which has issued the permit (this time limit is far more generous than the "90 days in a 180-day period" normally granted to third-country nationals visiting the Schengen Area).[247]
Before the conclusion of an agreement with a neighbouring country, the Schengen state must receive approval from the European Commission, which has to confirm that the draft agreement is in conformity with the Regulation. The agreement may only be concluded if the neighbouring state grants at least reciprocal rights to EEA and Swiss nationals resident on the Schengen side of the border area, and agrees to the repatriation of individuals found to be abusing the border agreement.
اعتبارا من June 2017[تحديث] ten local-traffic agreements have come into force.
- Hungary–Ukraine from January 2008.[248]
- Slovakia–Ukraine from September 2008.[248]
- Poland–Ukraine in July 2009.[248]
- Romania–Moldova from October 2010.[248]
- Latvia–Belarus from February 2012.[249]
- Norway–Russia from May 2012.[250]
- Poland–Russia (Kaliningrad Area) from July 2012[251]
- Latvia–Russia from June 2013.[252]
- Romania–Ukraine from May 2015.[250]
- An agreement between Croatia–Bosnia and Herzegovina is applied on provisional basis, pending ratification.[250]
There are or have been plans for Lithuania–Russia, Poland–Belarus, Bulgaria–Serbia and Bulgaria–North Macedonia.[253] The agreement between Poland and Belarus had been due to enter into force by 2012,[254] but was delayed by Belarus,[255] with no implementation date set (as of Oct 2012).[256]
In late 2009, Norway began issuing one-year multiple-entry visas, without the usual requirement of having family or a business partner in Norway, called Pomor-Visas, to Russians from Murmansk Oblast, and later to those from Arkhangelsk Oblast.[257] Finland is not planning border permits, but has issued over one million regular visas for Russians in 2011, and many of them multiple-entry visas. The EU was planning to allow up to 5-year validity on multiple-entry visas for Russians.[258]
There is also a similar system for local border traffic permits between Spain and Morocco regarding Ceuta and Melilla. This system is older and was included in the 1991 accession treaty of Spain to the Schengen Area.[45] In this case there are identity checks for anyone travelling to other parts of the Schengen Area (possible by boat and air only). Such checks are not the rule for other local border traffic zones.
دول غرب البلقان
Citizens of Albania, Bosnia and Herzegovina, Montenegro, North Macedonia, and Serbia can enter the Schengen Area without a visa. On 30 November 2009, the EU Council of Ministers for Interior and Justice abolished visa requirements for citizens of Montenegro, North Macedonia, and Serbia,[259] while on 8 November 2010 it did the same for Albania and Bosnia and Herzegovina.[260] The former took effect on 19 December 2009,[214] while the latter on 15 December 2010.[261]
On 4 May 2016, the European Commission proposed visa-free travel for the citizens of Kosovo. The European Commission has proposed to the Council of the European Union and the European Parliament to lift the visa requirements for the people of Kosovo by transferring Kosovo to the visa-free list for short-stays in the Schengen area. The proposal is presented together with the Commission's positive assessment confirming that Kosovo has fulfilled the requirements of its visa liberalisation roadmap.
The European Commission launched a visa liberalisation dialogue with Kosovo on 19 January 2012. In June 2012, the Commission handed over a roadmap on visa liberalisation to the Kosovo authorities, which identified the legislation and institutional measures that Kosovo needed to adopt and implement to advance towards visa liberalisation.
Visa liberalisation negotiations between the EU and the Western Balkans (excluding Kosovo) were launched in the first half of 2008, and ended in 2009 (for Montenegro, North Macedonia, and Serbia) and 2010 (for Albania and Bosnia and Herzegovina). Before visas were fully abolished, the Western Balkan countries (Albania, Bosnia and Herzegovina, Montenegro, North Macedonia, and Serbia) had signed "visa facilitation agreements" with the Schengen states in 2008. The visa facilitation agreements were, at the time, supposed to shorten waiting periods, lower visa fees (including free visas for certain categories of travellers), and reduce paperwork. In practice, however, the new procedures turned out to be longer, more cumbersome, more expensive, and many people complained that it was easier to obtain visas before the facilitation agreements entered into force.[262][263][264]
تعاون الشرطة والقضاء
To counter the potentially aggravating effects of the abolition of border controls on undocumented immigration and cross-border crime, the Schengen acquis contains compensatory police and judicial measures.[265] Chief among these is the Schengen Information System (SIS),[265] a database operated by all EU and Schengen states and which by January 2010 contained in excess of 30 million entries and by January 2014 contained in excess of 50 million entries, according to a document published in June 2015 by the Council of the European Union.[266] Around 1 million of the entries relate to persons, 72% of which were not allowed to enter and stay in the Schengen area. Only 7% of persons listed on the SIS database were missing persons.
The vast majority of data entries on the SIS, around 49 million, concern lost or stolen objects. The European Council reports that in 2013 an average of 43 stolen vehicles a day were detected by authorities using the SIS database.[266]
A list of EU authorities with access to SIS is published annually in the Official Journal of the European Union. As at 24 June 2015, 235 authorities can use the SIS database.[267] The SIS database is operationally managed by EU-LISA.[268]
The Schengen Agreement also allows police officers from one participating state to follow suspects across borders both in hot pursuit[269] and to continue observation operations, and for enhanced mutual assistance in criminal matters.[270]
The Schengen Convention also contained measures intended to streamline extradition between participating countries however these have now been subsumed into the European Arrest Warrant system.[271]
الأساس القانوني
الأحكام في معاهدات الاتحاد الأوروپي
The legal basis for Schengen in the treaties of the European Union has been inserted in the Treaty establishing the European Community through Article 2, point 15 of the Treaty of Amsterdam. This inserted a new title named "Visas, asylum, immigration and other policies related to free movement of persons" into the treaty, currently numbered as Title IV, and comprising articles 61 to 69.[272] The Treaty of Lisbon substantially amends the provisions of the articles in the title, renames the title to "Area of freedom, security and justice" and divides it into five chapters, called "General provisions", "Policies on border checks, asylum and immigration", "Judicial cooperation in civil matters", "Judicial cooperation in criminal matters", and "Police cooperation".[273]
اتفاقية شنگن ومعاهدة شنگن
The Schengen Area originally had its legal basis outside the then European Economic Community, having been established by a sub-set of member states of the Community using two international agreements:
- The 1985 Schengen Agreement – 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 1990 Schengen Convention – 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.
On being incorporated into the main body of European Union law by the Amsterdam Treaty, the Schengen Agreement and Convention were published in the Official Journal of the European Communities by a decision of the Council of Ministers.[274] As a result, the Agreement and Convention can be amended by regulations.
انظر أيضاً
- Central America-4 Border Control Agreement
- European migrant crisis
- FADO
- Mechanism for Cooperation and Verification
- Prüm Convention
- Public Register of Travel and Identity Documents Online (PRADO)
- Visa policy of the Schengen Area
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When will Cyprus, Romania and Bulgaria join the Schengen area?... These three Member States still have to pass the Schengen evaluation before they can join the Schengen area. The target date for Bulgaria and Romania is 2011.
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{{cite web}}: Missing or empty|title=(help) - ^ "Plenkovic: Croatia Will Absolutely Join Schengen". Schengen Visa Info (in الإنجليزية). 2019-09-11. Retrieved 2019-09-29.
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- ^ See Article 4 of Protocol (No 19) on the Schengen Acquis integrated into the framework of the European Union (OJ C 83, 30 March 2010, p. 290).
- ^ See Article 4 of Protocol (No 19) on the Schengen Acquis integrated into the framework of the European Union (OJ C 83, 30 March 2010, p. 290) and the decision of the European Court of Justice in Cases C-77/05 and C-137/05 United Kingdom v Council.
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Swedes were suspected of being behind a number of serious attacks this year in the Danish capital Copenhagen
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<ref>غير صحيح؛ لا نص تم توفيره للمراجع المسماةFT130320 - ^ ERR, ERR, ERR News | (13 March 2020). "All schools to close on Monday, additional border controls introduced". ERR.
{{cite web}}: CS1 maint: extra punctuation (link) CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link) - ^ ERR, ERR | (13 March 2020). "Additional border controls are focused on larger virus outbreaks". ERR.
{{cite web}}: CS1 maint: extra punctuation (link) CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link) - ^ "Lithuania reintroduces border controls, considers barring entry to foreigners". lrt.lt. 14 March 2020.
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{{cite web}}: CS1 maint: unrecognized language (link) - ^ أ ب ت Bruno Waterfield (22 April 2011). "France threatens to 'suspend' Schengen Treaty". The Telegraph. Retrieved 25 July 2011.
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- ^ Riksdagsförvaltningen. "Särskilda åtgärder vid allvarlig fara för den allmänna ordningen eller den inre säkerheten i landet Justitieutskottets Betänkande 2015/16:JuU24 - Riksdagen".
- ^ Migrant crisis: Sweden operator cancels trains on bridge link BBC News website, accessed 23 December 2015
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- ^ أ ب ت Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23 March 2016, p. 1)
- ^ COVID-19: Temporary Restriction on Non-Essential Travel to the EU (COM (2020) 115, 16 March 2020)
- ^ "Temporary non-essential travel restrictions". European Commission.
- ^ Guidance on the implementation of the temporary restriction on non-essential travel to the EU, on the facilitation of transit arrangements for the repatriation of EU citizens, and on the effects on visa policy' in order to provide 'advice and practical instructions (C (2020) 2050, 30 March 2020)
- ^ Point 5.8 of the Practical Handbook for Border Guards (C (2019) 7131, 8 October 2019, p. 45)
- ^ Annex VII of the Schengen Borders Code (OJ L 105, 13 April 2006, p. 1).
- ^ Annex VII, Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23 March 2016, p. 1)
- ^ Article 7(2) of the Schengen Borders Code (OJ L 105, 13 April 2006, p. 1).
- ^ Article 7(3) of the Schengen Borders Code (OJ L 105, 13 April 2006, p. 1).
- ^ "Conclusions of the Council of the EU and of the Member States meeting within the Council on Counter-Terrorism - Consilium".
- ^ أ ب ت Regulation (EU) 2017/458 of the European Parliament and of the Council of 15 March 2017 amending Regulation (EU) 2016/399 as regards the reinforcement of checks against relevant databases at external borders (OJ L 74, 18 March 2017, p.1)
- ^ Article 9, Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23 March 2016, p. 1)
- ^ Article 8 of the Schengen Borders Code (OJ L 105, 13 April 2006, p. 1).
- ^ "Commission Staff Working Document: Impact Assessment Report on the establishment of an EU Entry Exit System, pg. 11" (PDF). 2016-04-06. Retrieved 2017-04-19.
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- ^ أ ب "Council of the European Union: Questionnaire on the possible creation of a system of electronic recording of entries and exits of third country nationals in the Schengen area (Reply from Greece)" (PDF). Retrieved 2013-10-12.
- ^ European Parliament: Study on the Commission's legislative proposals on Smart Borders: their feasibility and costs, pg 66.
- ^ This obligation does not apply to long-stay visas and residence permits, both of which are expressly outside the scope of Regulation (EC) No 767/2008 concerning the Visa Information System (cf Article 4(1)).
- ^ In relation to third country nationals who are not subject to the obligation to have their travel documents stamped (e.g. third country nationals holding residence permits issued by a Schengen member state), it can logically be concluded that border guards at external border crossing points do not need to examine entry and exit stamps in their travel documents to ensure that they have not exceeded the maximum duration of authorised stay. Instead, the border guard should check the validity of the residence permit. (See Report from the Commission to the European Parliament and the Council on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 (COM (2009) 489, p. 7), "The Commission is of the opinion that travel documents of third-country nationals who are in possession of a valid residence permit issued by a Schengen Member State should not be stamped. The purpose of stamping a passport serves to establish whether a third country national respected the authorised length of a short stay within the Schengen area. This logic cannot be applied to third country nationals holding a valid residence permit, as the allowed period of stay in the Schengen Member State which issued the permit is determined by the validity of the residence permit.")
- ^ أ ب ت Some Schengen member states have exempted certain categories of travellers who are subject to a thorough check from the requirement to demonstrate sufficient funds for his/her stay, proof of onward/return journey and explaining his/her purpose of stay to the border guard at external border crossing points. For example, France exempts Andorran and Monégasque nationals, holders of residence permits and family reunification visas, diplomats, flight crew etc. from this requirement (see diplomatie.gouv.fr).
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- ^ "Greece suspends stricter border controls after airport delays". Kathimerini. 2017-04-10. Retrieved 2017-05-13.
- ^ Meyze, Christian (2017-07-28). "Les files d'attente dans les aéroports empoisonnent l'été en Europe". France 3. Retrieved 2017-07-29.
- ^ Nielsen, Nikolaj (2017-04-11). "EU scrambles meeting over border chaos". EUobserver. Retrieved 2017-05-13.
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- ^ "Press Release: Despite the temporary derogation from systematic checks, delays will be unavoidable during the holiday period". Government of Slovenia. 2017-04-12.
- ^ "Greece asks for exemption from systematic border checks". Kathimerini. 2017-07-16. Retrieved 2017-07-29.
- ^ Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council (OJ L 182, 29 June 2013, p. 5)
- ^ Article 7, Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23 March 2016, p. 1)
- ^ Article 6 of the Schengen Borders Code (OJ L 105, 13 April 2006, p. 6).
- ^ Details are set out in Annex VI of the Schengen Borders Code (OJ L 105, 13 April 2006, p. 1).
- ^ For example, this place at the Lithuania-Belarus border: 54°16′30″N 25°33′45″E / 54.275048°N 25.562439°E, visible in Google Streetview.
- ^ "Smuggling cigarettes in Schengen Slovakia". 9 January 2008. Retrieved 6 September 2011.
- ^ Points 2.2-2.3 and 3.2.4-3.2.5, Annex VI, Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23 March 2016, p. 1)
- ^ Article 9 of the Schengen Borders Code (OJ L 105, 13 April 2006, p. 8).
- ^ Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council (OJ L 182, 29 June 2013, p. 6)
- ^ "Decision on the subject of Andorra and San Marino of the Strategic Committee on Immigration, Frontiers and Asylum (SCIFA) of the EU on 6 October 2004 (13020/1/04/REV1)". Archived from the original on 29 December 2012.
- ^ أ ب "News from the Border Guard – The Finnish Border Guard". Raja.fi. Retrieved 2015-07-31.
- ^ Art 10(3) of Regulation (EC) No 562/2005 recognises that an entry or exit stamp may be recorded on a sheet of paper with the traveller's name and travel document number (rather than inside the traveller's travel document) where stamping the travel document would cause 'serious difficulties' for the traveller. It could be argued that at a particular border crossing point where the state of facilities are such as to deny travellers subject to the stamping obligation access to automated border gates and to require them instead to be processed manually by border guards would constitute 'serious difficulties' for such persons.
- ^ "Channel Tunnel (International Arrangements) Order 1993". Legislation.gov.uk. 2012-06-13. Retrieved 2013-10-12.
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- ^ "Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 515/2014, (EU) 2016/399, (EU) 2016/794 and (EU) 2016/1624" (PDF).
- ^ "Smart Borders". European Commission. Retrieved 29 March 2020.
- ^ Article 26(1)(b) of the Schengen Convention.
- ^ Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 (Carriers Liability Directive) (OJ L 187, 10 July 2001, p. 45)
- ^ أ ب Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21 March 2001, p. 1).
- ^ "Section 17 of the German Aufenthaltsverordnung" (in German). 25 November 2004. Archived from the original on 22 December 2007. Retrieved 28 November 2007.
{{cite web}}: CS1 maint: unrecognized language (link) - ^ Article 5 of the Schengen Borders Code (OJ L 105, 13 April 2006, p. 1).
- ^ See Article 6 of Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21 March 2001, p. 1).
- ^ Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council (OJ L 182, 29 June 2013, p. 1)
- ^ Articles 3 and 5 of the Schengen Borders Code (OJ L 105, 13 April 2006, p. 1).
- ^ Council Regulation (EC) No 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end (OJ L 369, 16 December 2004, p. 5–10)
- ^ Report from the Commission to the European Parliament and the Council on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 (COM (2009) 489, p. 7
- ^ Report from the Commission to the European Parliament and the Council on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 (COM (2009) 489, pp. 6 and 9) "The Commission is of the opinion that travel documents of third-country nationals who are in possession of a valid residence permit issued by a Schengen Member State should not be stamped." "The Commission underlines that travel documents of third-country nationals who are in possession of a valid residence permit of a Schengen Member State are exempted from the stamping obligation on entry and exit."
- ^ Point 6.2 of the Practical Handbook for Border Guards (C (2019) 7131, 8 October 2019, p. 56)
- ^ Point 6.4 of the Practical Handbook for Border Guards (C (2019) 7131, 8 October 2019, p. 57)
- ^ Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa (OJ L 85, 31 March 2010, p. 1)
- ^ Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents (OJ L 16, 23 January 2004, p.44).
- ^ Article 6 of the Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers (OJ L 31, 27 January 2003, p. 20)
- ^ Article 24 of the Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ L 304, 29 April 2004, p. 12)
- ^ Articles 8 and 15 of the Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 20 July 2001, p. 12)
- ^ "Visas de long séjour pour la France – Service-public.fr". Vosdroits.service-public.fr. 8 April 2011. Archived from the original on 26 January 2013. Retrieved 12 March 2013.
- ^ "Delegation of the European Union to New Zealand: Frequently Asked Questions". Eeas.europa.eu. 2009-02-13. Retrieved 2013-10-12.
- ^ "NZ government travel advisory – travel tips to Europe". Safetravel.govt.nz. 2013-09-13. Archived from the original on 29 September 2013. Retrieved 2013-10-12.
- ^ "Swiss Federal Department of Foreign Affairs: Visa for New Zealand residents". Eda.admin.ch. Retrieved 2013-10-12.
- ^ "Embassy of France in New Zealand: Border controls in Europe" (PDF). Retrieved 2013-10-12.
- ^ Frequently Asked Questions, Embassy of Spain in Wellington, 29 April 2009, Archived from the original on 1 January 2012, https://www.webcitation.org/64McvO9b6?url=http://www.maec.es/subwebs/Embajadas/Wellington/es/MenuPpal/faqs/Paginas/faqs.aspx, retrieved on 1 January 2012
- ^ "Entry procedures for their family members who are not Union citizens themselves (European Union)". Retrieved 3 February 2011.
- ^ Decision of the EEA Joint Committee No 158/2007 of 7 December 2007 amending Annex V (Free movement of workers) and Annex VIII (Right of establishment) to the EEA Agreement (OJ L 124, 8 May 2008, p. 20).
- ^ "DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004". 30 April 2004. p. 92, Article 5(4). Retrieved 22 January 2012.
- ^ "Handbook for Border Guards (Schengen Handbook)" (PDF). 7 November 2006. p. 41, Article 6.3.2. Retrieved 22 January 2012.
- ^ أ ب Point 3.2 in "Report from the Commission to the European Parliament and the Council on the application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of Member States". 10 December 2008. Retrieved 22 January 2012.
- ^ "Petition 1307/2007 by Richard Willmer (British), on denial of the right of the wife of a British Citizen exercising treaty rights in Italy to accompany her husband to the UK" (PDF). 26 September 2008. p. 1, the only residence card valid for entry in the UK is the one issued by the UK Authorities. Retrieved 23 January 2012.
- ^ "Conformity Study for Denmark" (PDF). 1 August 2008. p. Right of entry (Article 5). Retrieved 23 January 2012.
- ^ "Conformity Study for Ireland" (PDF). 1 August 2008. p. 2.2 Right of entry, Article 5(2). Retrieved 23 January 2012.
- ^ "Conformity Study for Spain" (PDF). 1 August 2008. p. Right of entry (Article 5) family members. Retrieved 23 January 2012.
- ^ "Conformity Study for Austria" (PDF). 1 August 2008. p. Right of entry (Article 5) family members. Retrieved 23 January 2012.
- ^ Corrigendum to Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (OJ L 29, 3 February 2007, p. 3).
- ^ "Judgement of the European Court of Justice of 21 March 2013, Case C‑254/11, Szabolcs-Szatmár-Bereg Megyei Rendőrkapitányság Záhony Határrendészeti Kirendeltsége v Oskar Shomodi". Eur-lex.europa.eu. Retrieved 2015-07-31.
- ^ أ ب ت ث Eckstein, Anne (29 July 2011). "Cross-border travel to become easier in Kaliningrad area". Europolitics. Archived from the original on 2 October 2011. Retrieved 27 August 2011.
- ^ "Consulates in Belarus, Latvia begin issuing local border traffic permits". Naviny.by. 2010-08-23. Retrieved 2013-10-12.
- ^ أ ب ت "Member States notified the following bilateral agreements" (PDF).
- ^ Staalesen, Atle (2012-06-29). "More Russians get visa-free travelling". Barentsobserver.com. Retrieved 2013-10-12.
- ^ Latvian visa-free border zones with Russia and Belarus: what are they and why academia.edu
- ^ "Local border traffic at external land borders - l14506 - EN - EUR-Lex".
- ^ Second report on the implementation and functioning of the local border traffic regime set up by Regulation No 1931/2006 (COM/2011/0047 final)
- ^ "Belarus Plays The Border Security Card With The EU". Visa-free-europe.eu. Retrieved 2013-10-12.
- ^ Deep Vision Studio, http://deepvision.com.ua (2012-10-18). "Belarus not ready for small border traffic agreement with Poland". Eapmigrationpanel.org. Archived from the original on 22 April 2014. Retrieved 2013-10-12.
{{cite web}}: External link in|author= - ^ "sikunews.com". www.sikunews.com. Archived from the original on 28 September 2010.
- ^ "5 years in Schengen for Russians". English.ruvr.ru. 2011-06-03. Archived from the original on 9 June 2011. Retrieved 2013-10-12.
- ^ "EU lifts visa restrictions for Serbia". 30 November 2009. Archived from the original on 3 December 2009. Retrieved 30 November 2009.
- ^ "EU lifts visa rules for Bosnia, Albania". 8 November 2010. Retrieved 8 November 2010.
- ^ Regulation (EU) No 1091/2010 of the European Parliament and of the Council of 24 November 2010 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 329, 14 December 2010, p. 1)
- ^ "Nevidljivi Šengen popust" (in Serbian). 3 February 2008.
{{cite web}}: CS1 maint: unrecognized language (link) - ^ "Vizne olakšice" (in Serbian). 22 November 2008.
{{cite web}}: CS1 maint: unrecognized language (link) - ^ "Nevolje sa vizama" (in Bosnian). 28 November 2008.
{{cite web}}: CS1 maint: unrecognized language (link) - ^ أ ب "The Schengen area and cooperation". European Commission. Retrieved 9 February 2013.
- ^ أ ب "'Schengen', June 2015, General Secretariat for the Council of the European Union".
- ^ "C_2015208EN.01000101.xml".
- ^ "eu-LISA - Who We Are".
- ^ "Q&A: Schengen Agreement". BBC. 12 March 2012. Retrieved 9 February 2013.
- ^ Title III, Chapter 2 of the Schengen Convention.
- ^ Originally contained in Articles 59 to 66 of the Schengen Convention.
- ^ Article 2(15) of the Amsterdam Treaty (OJ C 340, 10 November 1997). Archived 24 مارس 2010 at the Wayback Machine
- ^ Article 2(63) to (68) of the Lisbon Treaty (OJ C 306, 17 December 2007, p. 57).
- ^ Council Decision (1999/435/EC) of 20 May 1999 concerning the definition of the Schengen acquis for the purpose of determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the acquis (OJ L 176, 10 July 1999, p. 1).
وصلات خارجية
- Schengen, Borders & Visas, Visa policy (europa.eu)
- Calculator of travel days remaining under a Schengen short-stay visa (ec.europa.eu) Retrieved 2 March 2014.
- "The Schengen area and cooperation". europa.eu. 3 August 2009. Retrieved 11 September 2011.
- اتفاقية شنگن ومعاهدة شنگن
- 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 (OJ L 239, 22 September 2000, p. 19). (Consolidated version).
- 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 (OJ L 239, 22 September 2000, p. 13).
- تنظيمات الاتحاد الأوروپي
- 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) (OJ L 105, 13 April 2006, p. 1).
- Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21 March 2001, p. 1).
- Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual (OJ L 99, 17 April 2003, p. 8).
- Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14 July 1995, p. 1).
- Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15 September 2009, p. 1).
- Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28 December 2006, p. 4).
- Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 50, 25 February 2003, p. 1); also referred to as the Dublin Regulation.
- Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6 August 2008, p. 1).
- Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (EUR-Lex - 32016R0399 - EN - EUR-Lex)
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- إنفاذ القانون في أوروپا
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