Coordinates	42°49′″N132°53′″N
{{infobox|title	Schengen Area
Headerstyle	background:#ccf;
Labelstyle	background:#ddf;
Label1	Description
Data1	Free travel area
Label2	Established
Data2	1995
Label3	Members
Data3
Label4	Policy of
Data4	European Union
Label5	Area
Data5	4,312,099 km2 }}

The Schengen Area comprises the territories of twenty-five European countries that have implemented the Schengen Agreement signed in the town of Schengen, Luxembourg, in 1985. The Schengen Area operates very much like a single state for international travel with border controls for those travelling in and out of the area, but with no internal border controls.

The Schengen rules were absorbed into European Union law by the Amsterdam Treaty in 1999, although the area officially includes three non-EU member statesIceland, Norway, Switzerlandand ''de facto'' includes three European micro-statesMonaco, San Marino, and the Vatican. All but two EU member statesIreland and the United Kingdomare required to implement Schengen and, with the exceptions of Bulgaria, Cyprus, and Romania, have already done so. The area currently covers a population of over 400 million people and an area of .

Implementing the Schengen rules involves eliminating border controls with other Schengen members while simultaneously strengthening border controls with non-member states. The rules include provisions on a common policy on the temporary entry of persons (including the Schengen visa), the harmonisation of external border controls, and cross-border police and judicial co-operation.

Whether a passport or an EU approved national identity card is required for identity checks done at airports, hotels, or by police, depends on national rules and varies between countries. Occasionally, regular border controls are used between Schengen countries.

History

The Schengen Area came in existence on 26 March 1995 when the Schengen Agreement along with its implementing convention was implemented by the five original signatories: Belgium, France, Germany, Luxembourg, the Netherlands, along with Portugal and Spain who signed subsequently. Italy and Austria joined during 1997. With the Treaty of Amsterdam, the agreement became part of the ''acquis communautaire'' of the EU in 1999. After the accession of Greece in 2000, the countries comprising the Nordic Passport UnionDenmark, Finland, Sweden, as well as non-EU countries Iceland and Norwayfollowed in 2001.

In 2007, nine countriesthe Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia that had become members of the EU three years beforejoined the area. Switzerland became the Schengen Area's newest member (and third non-EU member) when it joined on 12 December 2008.

Membership

The Schengen Area currently consists of twenty-five states, all but three of which are 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. The third, Switzerland was subsequently allowed to participate in the same manner in 2008. ''De facto'', the Schengen Area also includes several microstates that maintain open or semi-open borders with Schengen countries.

Before fully implementing the Schengen rules, each state needs to 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.

Current

Flag	! State	! Area(km²)	! Population	! Signed oropted in	! Date of firstimplementation	Exempted territories
	Austria
	Belgium
	Czech Republic
	Denmark
	Estonia
	Finland
	France
	Germany
	Greece
	Hungary
	Iceland
	Italy
	Latvia
	Lithuania
	Luxembourg
	Malta
	Netherlands					Caribbean Netherlands
	Norway					Svalbard
	Poland
	Portugal
	Slovakia
	Slovenia
	Spain					towns of Ceuta and Melilla
	Sweden
	Switzerland

a. States outside the EU that are associated with the Schengen activities of the EU, and where the Schengen rules apply. b. For overland borders and seaports; since 30 March 2008 also for airports. c. East Germany became part of the Federal Republic of Germany, joining Schengen, on 3 October 1990. Before this it remained outside the agreement. Despite some media reports, Heligoland is not outside Schengen; it is only outside the European Union Value Added Tax Area. d. Greenland and the Faroe Islands are indirectly included for travellers who do not need a visa, but not for travellers who do need a visa. A Schengen visa issued by a Schengen state other than Denmark will not allow the holder access to either territories nor will a visa issued by Denmark unless a special application is made and the visa is stamped with either "Valid for the Faroe Islands" or "Valid for Greenland", or both. e. However, Jan Mayen is part of the Schengen Area. f. The full Schengen acquis applies to all Spanish territories, but there are border checks on departure from Ceuta and Melilla to Spain or other Schengen countries, because of specific arrangements for visa exemptions for Moroccan nationals resident in the provinces of Tetuan and Nador.

Prospective

While Cyprus, which joined the EU in 2004, is legally bound to join the Schengen Area, implementation has been delayed because of the Cyprus dispute. According to 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", and it is unclear if this control is possible before the resolution of the dispute. The Sovereign Base Areas, which are outside the EU, will also need "other handling and mechanisms".

Bulgaria and Romania's bid to join the Schengen Area was approved by the European Parliament in June 2011 and is currently being considered by the Council of Ministers. Romania and Bulgaria’s entrance into the Schengen Area has also been delayed due to their alleged failure to combat corruption.

Liechtenstein is due to join in late 2011.

Flag	! State	! Area (km²)	! Population	! Signed or opted in	! Prospective implementation date
	Bulgaria				2011October 2011
	Cyprus				2999 Partly dependent upon Cyprus dispute
	Liechtenstein				2011late 2011
	Romania				2011October 2011

a. Whilst staying outside the EU Liechtenstein will be a state associated with the Schengen activities of the EU, and one where the Schengen rules apply.

Territories of Schengen states outside the Schengen Area

There are territories of member states that are exempted from the Schengen Agreement and most of these are outside Europe (or remote islands in Europe).

French territories

The French overseas departments of French Guiana, Guadeloupe, Martinique and Réunion, and the overseas collectivities of Saint Barthélemy and Saint Martin are part of the European Union but do not form part of the Schengen Area. The EU's freedom of movement provisions apply, but each territory operates their own visa regime for non-EEA, non-Swiss nationals. While a visa valid for one of these territories will be valid for all, visa exemption lists differ. 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.

France also has several territories which are neither part of the EU nor the Schengen Area. These are: French Polynesia, French Southern and Antarctic Lands, Mayotte, New Caledonia, Saint-Pierre and Miquelon, and Wallis and Futuna.

Dutch territories

Only the European territory of the Netherlands is part of the Schengen Area. Six Dutch territories in the Caribbean are outside the Area. Three of these territoriesBonaire, Sint Eustatius and Saba (collectively known as the BES islands)are special municipalities within the Netherlands proper. The other threeAruba, Curaçao and Sint Maartenare 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 systematic identity checks.

Norwegian territories

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, although it is difficult to visit Svalbard without travelling through the Schengen Area, although there are charter flights from Russia. In 2011 the Norwegian government imposed identity checks on individuals wishing to enter and leave Svalbard, with the border between Svalbard and the rest of Norway being treated as an external Schengen border. A Schengen visa must be multiple entry to allow returning to Norway. There is no welfare or asylum system for immigrants on Svalbard, and people incapable of supporting themselves may be sent away.

Danish territories

The Faroe Islands and Greenland are neither part of the European Union nor the Schengen Area; although the Faroe Islands are part of the Nordic Passport Union. Visas to Denmark are not automatically valid in the Faroe Islands and Greenland. A passport or an acceptable identity card must be brought, and is needed both for the identity check at boarding and for the check at the arrival airport.

EU member states with opt-outs: Ireland and the United Kingdom

Ireland and the United Kingdom were the only EU members which, prior to the 2004 enlargement, had not signed the Schengen Agreement. Both countries maintain a Common Travel Area with an open land border between them.

The UK declined to join Schengen Convention elements related to passport control, one argument being that, for an island, frontier controls are a better and less intrusive way to prevent illegal immigration than other measures, such as identity cards, residence permits, and registration with the police, which are appropriate for countries with "extensive and permeable land borders". Ireland does not share Britain's view that free movement without border checks should apply only to EU citizens, but has not signed the Schengen Implementation Convention because it "would not be in the interest of Ireland to have a situation where the common travel area with Britain would be ended and Ireland would impose both exit and entry controls on persons travelling between here and Britain and, in addition, on the land frontier".

When Schengen was subsumed into the EU by the Treaty of Amsterdam, Ireland and the UK obtained an opt-out from the part of the treaty which was to incorporate the Schengen rules (or ''acquis'') into EU Law. Under the relevant protocol, Ireland and the United Kingdom may request to participate in aspects of the Schengen ''acquis'' but this is subject to the approval of the Schengen states.

The UK formally requested to participate 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. 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.

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, 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".

A previous 1999 report by the European Union Select Committee of the House of Lords recommended "full United Kingdom participation" in all the various four Titles of the Schengen Implementing Convention.

Flag	! State	! Area(km²)	! Requestdate	! Implementationof formal cooperation	!Notes
	Ireland
	United Kingdomincluding Gibraltar				The Crown Dependencies (Guernsey, Jersey, and the Isle of Man) and the overseas territories are neither part of the UK, EU nor of the Schengen ''acquis'' that the UK has implemented. However, the Sovereign Base Areas are set to be ''de facto'' fully included later.

Status of the European microstates

These microstates are not parties to the Schengen Agreement, 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 the Italian Republic. As they both have open borders with the Italian Republic, they can be considered as being ''de facto'' parts of the Schengen Area.

Flag	! State	! Status	! Since
	Andorra	Outside Schengen AreaBorder controls in place on both French and Spanish borders
	Liechtenstein	future memberEvaluation and full implementation taking place in late 2011
	Monaco	Within Schengen AreaSchengen requirements administered by France
	San Marino	''de facto'' memberOpen border with Italian Republic
	Vatican City	''de facto'' memberOpen border with Italian Republic

Andorra

Border controls remain on Andorra's borders with both France and Spain. Citizens of EU countries require either their national identity cards or passports to enter Andorra, while anyone else requires a passport or equivalent. 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.

Liechtenstein

Liechtenstein signed a Schengen association agreement with the European Union on 28 February 2008, and originally planned to join the Schengen Area on 1 November 2009. However ratification was initially delayed at the behest of Sweden and Germany who felt that Liechtenstein had not done enough to fight tax evasion, the Council of Ministers eventually consented to the ratification of the protocol on 7 March 2011, with the protocol entering into force a month later. Liechtenstein is now due to join the Schengen Area by the end of 2011.

Pending the implementation of the protocol, Liechtenstein's single border crossing with Austria is still subject to systematic border controls. In contrast Liechtenstein's borders with Switzerland are only subject to video surveillance in a measure the Liechtenstein government have described as a "pragmatic interim solution" in order to prevent the re-establishment of controls along a border which has been open since 1923. Liechtenstein has also arranged for Schengen visas to be issued free of charge to resident foreigners who would otherwise have needed to pay for a visa to leave the principality.

Although Liechtenstein does not have any airports, there is a small heliport at Balzers. The Liechtenstein government has prohibited any direct flights to or from anywhere outside the Schengen Area, in order to ensure that Liechtenstein has no external Schengen borders and could not constitute an immigration risk for the Schengen Area.

Monaco

Monaco has an open border with France. Schengen laws are administered as if it were a part of France, and French and Monégasque authorities carry out checks at Monaco's seaport.

San Marino

San Marino has an open border with Italy, although some random checks are made by Carabinieri, Guardia di Finanza and San Marino's Guardia di Rocca.

Vatican City

The Vatican City has an open border with Italy. The microstate has shown an interest in joining the Schengen agreement for closer cooperation in information sharing and similar activities covered by the Schengen Information System.

Regulation of internal borders

thumb|A typical Schengen border crossing has no border control post and only a common EU-state sign welcoming the visitor, as here between Germany and Austria. The larger, blue sign announces entry to the ''Federal Republic of Germany'' in German, the smaller, white sign entry into the German [[States of Germany|state of Bavaria.|alt=Two road-signs on the side of an open stretch of a two-lane highway.]]

Before the implementation of the Schengen Agreement, most borders in Western 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. Thus, road, rail and air passengers no longer have their identity checked by border guards when crossing borders, although security controls by carriers are still permissible.

Temporary reintroduction of internal border controls

A Schengen state is permitted by articles 23 to 31 of the Schengen Borders Code to reinstate border controls for a short period if deemed in the interest of national security, but has to follow a consultation procedure before such an action. This occurred in Portugal during the 2004 European Football Championship and in France for the ceremonies marking the 60th anniversary of D-Day. Spain temporarily reinstated border controls during the wedding of Crown Prince Felipe in 2004. It was used again by France shortly after the London bombings in July 2005. Finland briefly reinstated border controls during the World Athletics Championships in August 2005 and for the 16th OSCE Ministerial Council in 2008, as did Germany for the Football World Cup, in 2007 for the 33rd G8 summit in Heiligendamm and in MarchApril 2009 for the NATO Security Conference. Austria also did so for the 2008 European Football Championship in June 2008. Malta introduced temporary checks in April 2010 due to Pope Benedict XVI's visit.

Air security

When travelling by air between Schengen countries or within a single Schengen country, some airlines request identification (usually passport or national ID card) at the airport check-in counters and/or when boarding. However, this practice is not a form of an official border control, but is used to establish the identity of the passengers.

ID checks at hotels and other places

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. 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.

Customs control

The European Union constitutes a customs union and a Value Added Tax area. The effect of these provisions is to prohibit systematic tax, customs controls or any administrative processing of goods at borders between EU member states. In consequence the borders between EU, Schengen states have become largely invisible.

However not all Schengen states or all of the territory of Schengen states are part of the customs union or VAT area, so some controls on goods entering or leaving the customs union and/or VAT area are inevitable. In order to avoid customs controls becoming the ''new'' passport controls on internal Schengen borders, the Schengen Borders Code prohibits systematic customs and tax controls.

In addition to charging customs fees, the customs authorities in many countries are also responsible for preventing any illegal items (such as narcotics) from entering the country. Although the European Union customs union means no customs fees for goods moved within the union, illegal items may still be transported, requiring confiscation by the customs officials. For example, the Swedish customs service (which puts more effort into intra-Schengen customs control than most EU countries) often confiscates narcotics transported over the Öresund Bridge from Denmark.

Controversies

Danish customs controls

In July 2011, Denmark tightened its customs controls in what the Danish government claim is a measure designed to counter illegal immigration and organised crime. This has been criticised by Germany and the EU commission who argue that the Danish move is contrary to the principle of freedom of movement.

EU Commissioner for Home Affairs Cecilia Malmström wrote in her blog in May 2011 that the Danish measures could be in breach of EU law. In July 2011, Malmström blogged as follows: "We are currently assessing all the information submitted by Denmark concerning their plans to reinforce customs controls at the borders. But the final decision on whether the Danish rules are in line with EU law will also depend on how they are put in practice. This is why, in agreement with the Danish authorities, I have today decided to send Commission experts to Denmark tomorrow to asses [sic] how the measures have been implemented."

Later in July 2011, Malmström expressed her concern that the mission of experts "did not give us the clarifications we were hoping for."

French controls against migrants from northern Africa

Following the Tunisian revolution of 201011, the government of Italy gave six-month residence permits to some 25,000 Tunisian migrants. 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. In April 2011, for several hours, France blocked trains carrying the migrants at the French/Italian border at Ventimiglia.

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.

On 25 July 2011, in delivering the European Commission's final assessment on the measures taken by Italy and France, 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." Ms. Malmström also called for a more coherent interpretation of the Schengen rules and a stronger evaluation and monitoring system for the Schengen Area.

The European Commission is expected to unveil revised rules governing the possible temporary re-establishment of internal border controls in September 2011.

Regulation of external borders

Schengen regulations require member countries to apply strict checks on travellers entering or exiting the 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.

All persons crossing external bordersinbound or outboundhave to be subject to at least a ''minimum check'', although travellers who do not enjoy the Community right of free movement must, in general, be subject to a ''thorough check''.

A ''minimum check'' consists of a "rapid" and "straightforward" verification of a traveller's travel documents, where appropriate by using technical devices and by consulting databases on lost and stolen documents, to ensure that they are valid and have not been forged. On a strictly "non-systematic basis", border guards are allowed to consult national and European databases (e.g. the Schengen Information System) to see if a person who can benefit from the Community right of free movement poses a genuine, present and sufficiently serious threat to the internal security, public policy, international relations of the Member States or a threat to public health.

A ''thorough check'' involves, in addition to the procedures of a minimum check, an examination of entry and exit stamps in the travel document of the third-country national to verify that the person has not already exceeded the maximum duration of authorised stay in the Schengen Area, verification of the length and purpose of stay in the Schengen Area (if necessary looking at supporting documents in the traveller's possession), a check that the traveller has the appropriate visa or residence permit if required and a systematic consultation of national and European databases (e.g. SIS) to ensure that no alert has been issued for the traveller (e.g. an arrest warrant had been issued by a EU or Schengen state).

External border controls are located at roads crossing a border, at airports, at seaports and on board trains. Usually, there is no fence along borders in the terrain, but there are exceptions like the Ceuta border fence. However, surveillance camera systems, some equipped with infrared technology, are located at some more critical spots, for example at the border between Slovakia and the Ukraine. Along the southern coast of the Schengen countries, coast guards make a substantial effort to prevent private boats from entering without permission.

The Schengen rules require that all passenger carriers across the Schengen external border must check, before boarding, if the passenger has the travel document and visa required for entry. This is to prevent persons from applying for asylum at the passport control after landing within the Schengen Area.

Short-stay and transit visas

]]

The rules applicable to short-term entry visas into the Schengen Area are set out in EU regulations. These regulations contain two lists: a list of the nationalities which require a visa for a short-term stay (the ''Annex I list'') and a list of visa-free nationalities (the ''Annex II list''). On occasion the lists will group individuals according to the kind of travel document they possess rather than nationality.

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. Schengen states may establish, with respect to entries and stays in their own territory, additional visa requirements or waivers for persons holding diplomatic, official, or other special passports.

The uniform visa—or Schengen visa—is granted in the form of a sticker affixed by a Member State onto a passport, travel document or another valid document which entitles the holder to cross the border.

Short stay and transit visas are currently granted in the following categories:

An airport-transit visa entitles the holder to pass through the international transit area of an airport in the Schengen Area. The requirement to hold such a visa is an exception to the general rule that nationals who require a visa to enter the Schengen Area do not require a visa to complete a stop-over in an airport in the Schengen Area.

A uniform visa entitles the holder to enter and remain in the Schengen Area for a specified period. Uniform visas are issued for reasons other an immigration, such as tourism, business or transit, and may be issued for either single or multiple entry. The maximum validity of the latter is normally a year but a greater period of up to five years is allowable in exceptional cases. The maximum stay allowable is three months in any half year. When issued for transit the length of the stay will correspond to the length the transit should take.

Facilitated Transit Document (FTD) and a Facilitated Rail Transit Document (FRTD) are documents issued for transit between the Russian Federation and its western exclave of Kaliningrad Oblast. A FTD is valid for up to three years for transits which do not exceed 24 hours. A FRTD is valid for up to three months for transits which not exceed six hours.

Entry conditions for third-country nationals

A Schengen visa or a visa exemption does not, in and of itself, entitle a traveller to enter the Schengen Area. 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 Community right of free movement (i.e. a person who is not an EU, EEA or Swiss citizen, or 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 requirements for entry are as follows:

The third-country national is in possession of a valid travel document or documents authorising them to cross the border; the acceptance of travel documents for this purpose remains within the domain of the member states;

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 an alert for refusal of entry 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.

Border guards are required to stamp the travel documents of third-country nationals when they cross external borders at all times, even in extraordinary and unforeseen circumstances, including when checks are relaxed. However, third-country nationals who are Andorran, Monégasque, San Marinese, heads of state (whose visit what announced through diplomatic channels), aircraft crew members or seamen are exempt from this requirement and their travel documents should not be stamped.

Stays in excess of three months

For stays which exceed three months, 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 three months but no more than one year. If a Schengen state wishes to allow the holder of a long-stay visa 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 the other state which comprise the Schengen Area for a period of up to three months in any half year. 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.

Internal movement for family members of EEA nationals

The right of entry without additional visa was extended to the non-EEA 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. 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)). Some member states (as at September 2009), however, do not follow the Directive in this respect to the effect that non-EEA family members living in non-Schengen EU countries may still face difficulties (denial of boarding the vessel by the transport company, denial to enter by border police) when travelling to certain Schengen countries with their residence card alone. Likewise non-Schengen member EU countries may deny entry to Schengen residence card holders without an additional visa.

Local border traffic at external borders

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. Such agreements define a border area which may extend to a maximum of on either side of the border, and provide for the issuance of local border traffic permits to residents of the non-Schengen side of the border area. Permits may be used to cross the external border within the border area, are not stamped on entry or exit of the Schengen Area 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 to five years and allow for a stay within the Schengen side of 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.

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 conformance with the Regulation. The agreement may only be concluded if the neighbouring state grants at least reciprocal rights to EEA and Swiss nationals resident in the Schengen side of the border area, and agrees to the repatriation of individuals found to be abusing the border agreement.

four local-traffic agreements have come into force Hungary-Ukraine in January 2008, Slovakia-Ukraine in September 2008 and Poland-Ukraine in July 2009. In anticipation of its admission into the Schengen Area, Romania has already agreed an local-traffic agreement with Moldova which entered into force in October 2010.

Agreement between Poland and Belarus, Latvia and Belarus, Lithuania and Belarus, and Norway and Russia are due to enter into force in 2011.

Special arrangement on entry for Croatia

There is an exception to these rules in the case of citizens of Croatia. Based on the pre-Schengen bilateral agreements between Croatia and its neighbouring EU countries (Italy, Hungary and Slovenia), Croatian citizens are allowed to cross the border with only an ID card (passport not obligatory). Many people living near the border cross it several times a day (some work across the border, or own land on the other side of the border), especially on the border with Slovenia, which was unmarked for centuries as Croatia and Slovenia were both part of the Habsburg Empire (15271918) and Yugoslavia (19181991). As Croatia is expected to join the EU by 2013, an interim solution, which received permission from the European Commission, was found: every Croatian citizen is allowed to cross the Schengen border into Hungary, Italy or Slovenia with an ID card and a special border card that is issued by Croatian police at border exit control. The police authorities of Hungary, Italy or Slovenia will then stamp the special border card both on entry and exit. Croatian citizens, however, are not allowed to enter any other Schengen agreement countries without a valid passport, although they are allowed to travel between Hungary, Italy and Slovenia.

These arrangements will be discontinued if and when Croatia becomes an EU member state, which will allow its citizens to enter any member country using only an ID card. As of June 2011, Croatia is implementing projects and reforms required to join the Schengen Area by 2015.

Other Western Balkan states

Citizens of Albania, Bosnia and Herzegovina, Macedonia, Montenegro, 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 the Republic of Macedonia, Montenegro, and Serbia, while on 8 November 2010 it did the same for Albania and Bosnia and Herzegovina. The former took effect on 19 December 2009, while the latter on 15 December 2010.

Citizens of Kosovo holding Kosovo passports as well as people living in Kosovo holding the biometric Serbian passport still need a visa to travel to the EU. Serbia created the Serbian Coordination Directorate to facilitate this process. However, a visa liberalisation road-map for Kosovo is expected to be announced and negotiated in the near future.

Visa liberalisation negotiations between the EU and the Western Balkans (excluding Croatia and Kosovo) were launched in the first half of 2008, and ended in 2009 (for Macedonia, Montenegro, and Serbia) and 2010 (for Albania and Bosnia and Herzegovina). Before visas were fully abolished, the Western Balkan countries (Albania, Bosnia and Herzegovina, Macedonia, Montenegro, 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.

Police and judicial co-operation

The Schengen rules also include provisions for sharing intelligence, such as information about people, lost and stolen documents, vehicles, via the Schengen Information System. This means that potentially problematic persons cannot 'disappear' simply by moving from one Schengen country to another.

Administrative assistance

According to Article 39 of the Schengen Convention, police administrations of the Schengen States are required to grant each other administrative assistance in the course of the prevention and detection of criminal offences according to the relevant national laws and within the scope of their relevant powers. They may cooperate through central bodies or, in case of urgency, also directly with each other. The Schengen provisions entitle the competent ministries of the Schengen States to agree on other forms of cooperation in border regions.

With respect to actions which imply constraint or the presence of police officers of a Schengen State in another Schengen State, specific rules apply, based on agreements between the pairs of neighbour states.

Cross-border observation

Under Article 40 of the Schengen Convention, police observation may be continued across a border if the person observed is presumed to have participated in an extraditable criminal offence. Prior authorization of the second state is required, except if the offence is one of those in Article 40(7) of the Schengen Convention, and if urgency requires the continuation of the observation without prior consent of the second state. In the latter case, the authorities of the second state must be informed before the end of the observation in its territory, the request for consent has to be handed over as soon as possible, and the observation has to be terminated on request of the second state, or if consent has not been granted after five hours. The police officers of the first state are bound to the laws of the second state, must carry identification which shows that they are police officers, and are entitled to carry their service weapons. They may not stop or arrest the observed persons, and must report to the second state after the operation has been finished. On the other hand, the second state is obliged to assist the enquiry subsequent to the operation, including judicial proceedings.

Hot pursuit

Under Article 41 of the Schengen Convention, police from one Schengen state may cross national borders to chase their target, if it is not possible to notify the police of the second state before entry into that territory, or if the authorities of the second state are unable to reach the scene in time to take over the pursuit. The Schengen states may declare if they restrict the right to hot pursuit into their territory in time or in distance, and if they allow the neighbouring states to arrest persons on their territory. However, the second state is obliged to challenge the pursued person in order to establish the person's identity or to make an arrest if so requested by the pursuing state. The right to hot pursuit is limited to land borders. The pursuing officers either have to be in uniform or their vehicles have to be marked. They are permitted to carry service weapons, which may be used only in self-defence. After the operation, the first state has to report to the second state about its outcome.

Responsibility and rights

Under Article 42 of the Schengen Convention, police officers of a state who became victims of a criminal offence in another Schengen state while on duty there, enjoy the same right of compensation as an officer of the second state. According to Article 43 of the Schengen Convention, the state which employs a police officer is liable for damages towards another state where such police office performs illegal actions.

Liaison officers

Article 47 of the Schengen Convention provides for the permanent deployment of liaison officers to other Schengen states.

Further bilateral measures

Many Schengen states have introduced further bilateral measures for police cooperation in border regions, which are expressly permitted under Article 39(5) of the Schengen Convention. Such cooperation may include joint police radio frequencies, police control centres, and tracing units in border regions. Signatories to the Prüm Convention also allow for the ''ad hoc'' conferment of police powers to the police officers of other EU member states.

Direct legal assistance

The Schengen states are obliged to grant each other legal assistance in criminal justice with respect to all types of offences and misdemeanors (Article 49 of the Schengen Convention), this including tax and other fiscal offences (Article 50 of the Schengen Convention), except for certain small crimes, as defined in Article 50 of the Schengen Convention. All Schengen states may serve court documents by mail to another Schengen State, but must attach a translation, if there is reason to believe that the addressee would not understand the original language of the document served (Article 52 of the Schengen Convention). Requests for legal assistance may be exchanged directly between the judicial authorities of the Schengen states, without having to use diplomatic channels (Article 53 of the Schengen Convention).

In Articles 54 to 58 of the Schengen Convention, detailed rules concerning the application of the principle that no person may be sentenced twice for the same criminal offence in the Schengen States are laid down. Articles 59 to 69 of the Schengen Convention contain rules concerning extradition between Schengen States and the enforcement of prison sentences which were handed down in one state in a different state.

Narcotic Drugs

Under the Schengen convention, the Schengen states are obliged to prosecute illegal trade in narcotics whilst at the same time afford every protection to those prescribed medicines that contain narcotic elements. They also must provide for the forfeiture of illegal profits that derive from trade in illicit or controlled substances. The control of cross-border legal trade in such substances should, whenever possible, be exercised within the territory of the Schengen states and not at borders between Schengen states.

Persons are permitted to transport controlled substances for their personal medical treatment in the territory of other Schengen states.

Legal basis of the Schengen rules

Provisions in the treaties of the European Union

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. 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".

The Schengen Agreement and the Schengen Convention

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 AgreementAgreement 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 ConventionConvention 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. As a result the Agreement and Convention can be amended by regulations.

European Union Regulations

Other legal texts related to the Schengen laws include:

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).

See also

Schengen Agreement

Schengen Information System

Central America-4 Border Control Agreement

Dublin Regulation

Prüm Convention

Frontex

FADO

Public Register of Travel and Identity Documents Online (PRADO)

Area of freedom, security and justice

Mechanism for Cooperation and Verification

Opt-outs in the European Union

References

;Notes

External links

Category:Expedited border crossing schemes Category:International border crossings Category:International travel documents Category:Law enforcement in Europe Category:Schengen, Luxembourg Category:Transport and the European Union Category:Visas

bg:Шенгенско пространство cs:Schengenský prostor es:Acuerdo de Schengen ka:შენგენის ზონა ja:シェンゲン圏 pnb:شنجن دیس ro:Spațiul Schengen ru:Шенгенская зона sq:Zona Shengen sv:Schengenområdet tl:Pook na Schengen ta:ஷெங்கன் பரப்பு

The Van Rompuy I Government was the federal government of Belgium from 30 December 2008 until 15 November 2009. Herman Van Rompuy was nominated as the first President of the European Council and resigned shortly after as Premier. It took office when the Flemish Christian Democrat Herman Van Rompuy (CD&V;) was sworn in as Prime Minister after the Leterme I Government fell on 22 December 2008.

On 18 December 2008, Yves Leterme offered his government's resignation to King Albert after a scandal erupted surrounding the investigation of the sale of the failing Fortis bank to BNP Paribas. Leterme, Jo Vandeurzen, and Didier Reynders were accused of violating the separation of powers by trying to influence the Court of Appeals and of exerting improper influence by the First Chairman of the Court of Cassation. Three days later the resignation was accepted by the king.

To be official, the Van Rompuy I government needed a vote of confidence from the Chamber of Representatives. It received the vote of confidence on 2 January 2009.

The government was succeeded on November 24, 2009 by the Leterme II Government.

Composition

The Van Rompuy I Government comprises 15 ministers and seven secretaries of state. Its initial composition is as follows:

Government reshuffle

On July 17, 2009, as a consequence of the regional elections, the government was reshuffled:

Karel de Gucht (VLD), who was appointed European Commissioner was succeeded by Yves Leterme (CD&V;) as minister of Foreign Affairs

Guido De Padt (VLD) was replaced as minister of the interior by Annemie Turtelboom (VLD); De Padt was appointed government commissioner for the internal audit of the federal government.

Guy Vanhengel (VLD) entered the government as Deputy Prime Minister and Minister of the Budget

Melchior Wathelet jr. stayed on as state secretary for the budget but received the competences Asylum and immigration which were previously held by Minister Turtelboom.

Marie Arena (PS) was replaced as minister of Pensions and Large Cities by Michel Daerden

Julie Fernandez-Fernandez (PS) was replaced as state secretary for Disabled Persons by Jean-Marc Delizée (PS). Delizée in turn was replaced as state secretary for the Fight against Poverty by Philippe Courard (PS). Courard also received the competences of social integration from Arena.

See also

2007–2011 Belgian political crisis

References

Category:Belgian governments Category:2008 in Belgium

de:Regierung Van Rompuy fr:Gouvernement Van Rompuy I nl:Regering-Van Rompuy

Coordinates	42°49′″N132°53′″N
Name	David Campbell Bannerman
Honorific-suffix	MEP
Birth date	26 May 1960
Birth place	Bombay, India
Constituency mp3	East of England
Parliament3	European
Term start3	20 July 2009
Party	Conservative Party (Pre-2004, 2011 onwards)
Otherparty	United Kingdom Independence Party (2004–11)
Alma mater	}}

David Campbell Bannerman (born 28 May 1960 in Bombay) is a Member of the European Parliament for East of England for the Conservative Party, having sat for the United Kingdom Independence Party until 24 May 2011. He served as UKIP deputy leader from 2006 until 2010, when he was replaced by Paul Nuttall.

Before joining UKIP, he was a Conservative Party activist who came to prominence as the Chairman of the Bow Group. He ran for Parliament at the 1997 election in Glasgow Rutherglen and in 2001 in Warwick and Leamington. Campbell Bannerman joined UKIP in 2004. He was elected in 2009.

Family

Campbell Bannerman is distantly connected through the Bannerman family to Sir Henry Campbell-Bannerman, the Liberal Prime Minister of the United Kingdom 1906-8 (but not through the Campbell of Stracathro family, the other source of the Campbell-Bannermans).

Education and business career

Campbell Bannerman was educated in Dorset, then at Edinburgh University and University of Pennsylvania. He started work as a trainee accountant with Binder Hamlyn before becoming an account executive with Allen, Snapey & Marsh. After working for HDM he became Executive Director of Vantagepoint Communications. Between 1997 and 1999 he was Communications Director/External Affairs Director of the Association of Train Operating Companies, before becoming Head of Communications, United News & Media plc in 2000.

Political career

Campbell Bannerman was a member of the Conservative Party, as a borough councillor in Tunbridge Wells from 1992-1996. He was chairman of the Bow Group from 1993 to 1994 and Special Advisor to Sir Patrick Mayhew from 1996 to 1997 while Secretary of State for Northern Ireland.

In 1997 he stood for the Conservatives in Glasgow Rutherglen and in 2001 in Warwick and Leamington where he obtained nearly 38% of the vote in second place.

After joining UKIP in 2004, Campbell Bannerman stood as that party's candidate for North Cornwall in the 2005 General Election and polled 3063 votes. He was appointed as the Party Chairman in December 2005, following the resignation of Petrina Holdsworth.

Outside party politics, has been a member of the London Safety Camera Partnership Project Board and was involved in the "Save Acton Mainline" Campaign.

In 2006 he ran for the leadership of the UK Independence Party, scoring third place with 1,443 votes, after Richard Suchorzewski who came a clear second. After that election, he was appointed as Party Deputy Leader by Nigel Farage who had won the election.

During the 2007 Scottish Parliament Elections, he stood as UKIP's Holyrood Regional List candidate for the Highlands and Islands. His campaign gained UKIP 1,287 votes (0.7%) that was down 0.5% from UKIP's 2003 campaign. In 2009, he was elected to the European Parliament after UKIP won 19.6% of the vote in the East of England region.

Following the resignation of UKIP leader Lord Pearson, in 2010 Campbell Bannerman announced his intention to stand for the leadership of UKIP for a second time.

After failing to become UKIP leader, and worrying about reselection, Campbell Bannerman returned to the Conservative Party on 24 May 2011 and now sits as a Conservative MEP in the European Parliament.

References

External links

UKIP seeks legal advice on jibes

Category:MEPs for the United Kingdom 2009–2014 Category:Conservative Party (UK) MEPs Category:UK Independence Party MEPs Category:Councillors in Kent Category:United Kingdom Independence Party politicians Category:Conservative Party (UK) politicians Category:Members of the Bow Group Category:Living people Category:1960 births

pl:David Campbell Bannerman