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File:Schengen Monument.jpg
A monument to the Agreement in Schengen, Luxembourg
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 1985 Schengen Agreement is an agreement among most European countries which allows for the abolition of systematic border controls between the participating countries. Covering a population over 400 million and a total area of 4,268,633 km2 (1,648,128 sq mi), it includes provisions on common policy on the temporary entry of persons (including the Schengen Visa), the harmonisation of external border controls, and cross-border police co-operation. By the Treaty of Amsterdam, the agreement itself and all decisions having been enacted on its basis had been implemented into the law of the European Union.

A total of 30 states, including all European Union states and three non-EU members (Iceland, Norway, and Switzerland), have signed the agreement, and 24 have implemented it so far. The Republic of Ireland and the United Kingdom only take part in the police co-operation measures and not the common border control and visa provisions. Border posts and checks have been removed in the Schengen area[1] states (see section Customs control) and a common Schengen visa allows tourist or visitor access to the area.

Passport-free travel

As of 21 December 2007, 24 signatories and Monaco allowed passport-free travel among themselves, an increase from 15 on 20 December 2007. The nine new countries which came under the passport-free travel of Schengen territory are: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia.[2] Cyprus, which entered the European Union at the same time as the above states, will delay joining the Schengen zone by one year. Two latest EU entrants, namely Romania and Bulgaria, are enhancing respective security systems to qualify for joining the Schengen territory. The existing 15 countries have been: Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Italy, Greece, Luxembourg, Netherlands, Norway, Portugal, Spain and Sweden. Of these, two countries, namely Norway and Iceland, are not EU members. On the other hand, present EU members the United Kingdom and Ireland have so far declined to join the full Schengen system, preferring to keep control over cross-border flows as a matter of national responsibility. Notably, European Union leaders enthusiastically celebrated enlargement of the Schengen territory. The German Chancellor Angela Merkel took centre-stage on the Polish-German border.[3] Any non-Schengen traveller having a Schengen visa has been allowed to travel throughout these 25 countries from 21 December 2007.

Pre-Schengen free-travel zones in Europe

Before World War I, one could travel from Paris to Saint Petersburg without a passport.[4] This freedom of movement ended with the war, but several local free-travel zones were later established.

Following Irish independence from the United Kingdom in 1922, no laws were passed requiring a passport for travelling across the newly created international border, in keeping with the European norm of a few years earlier. The free-travel zone comprising the two countries (the Common Travel Area or CTA) was not codified, or indeed given an official name, until 1997, and then only at the EU level to distinguish it from the Schengen Treaty.

In 1944, the governments-in-exile of the Netherlands, Belgium and Luxembourg (Benelux) signed an agreement to eliminate border controls between themselves; this agreement was put into force in 1948.

Similarly, the Nordic Passport Union was created in 1952 to permit free travel amongst the Nordic countries of Denmark, Finland, Iceland, Norway and Sweden and their associated territories.

Membership and implementation

The agreement was originally signed on 14 June 1985, by five European states of Belgium, France, West Germany, Luxembourg, and the Netherlands.[5] An additional document, known as the Schengen Convention, put the agreement into practice; it replaced the first and was signed by each state on the dates shown below. The signing took place aboard the ship Princesse Marie-Astrid on the Moselle River, where the borders of Luxembourg, France, and Germany meet, near the small town of Schengen in Luxembourg, thus giving the treaty its name. [6]

For each member state there has been a delay between signing and actual implementation. Although the original agreement was signed on 14 June 1985, it was not until almost a decade later, 26 March 1995, that Belgium, France, Germany, Luxembourg, Netherlands, Portugal, and Spain became the first states to implement its provisions.

Membership

  •  

14 June 1985

  

Belgium, France, West Germany, Luxembourg, Netherlands

  •  

3 October 1990

German reunification brings in the former East Germany

  •  

27 November 1990

Italy

  •  

25 June 1992

Portugal, Spain

  •  

6 November 1992

Greece NB : Greece incompletely implemented the agreement and requires a different visa for citizens of the former Yugoslav Republic of Macedonia because of the name-conflict between the two countries.

  •  

28 April 1995

Austria

  •  

19 December 1996

Denmark, Finland, Iceland, Norway, Sweden, or the Nordic countries. Through the Nordic Council, they have an even more permissive agreement on internal movement of persons.

  •  

29 May 2000

Republic of Ireland, United Kingdom (both countries limited membership only)

  •  

1 May 2004

Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia

  •  

16 October 2004

Switzerland (ratified by referendum on 5 June 2005)

  •  

1 January 2007

Bulgaria, Romania

Inclusions and exceptions

See also: Special member state territories and their relations with the European Union

Included in the Schengen area:

The following territories of the membership countries are not covered by the agreement:

The following territories of the member states are indirectly covered, and do not have full passport check against the Schengen area:

The United Kingdom and the Republic of Ireland

The United Kingdom and Republic of Ireland are the only two EU members who have not signed the Schengen Agreement: both have an opt-out. The U.K. and the Republic of Ireland have a Common Travel Area with no border controls; thus the Republic is unable to join Schengen without dissolving this agreement with the UK, and incurring controls at its border with Northern Ireland. The UK remains reluctant to surrender its own border control system. In 1999, the ROI and the UK had applied to participate in a number of provisions of the Schengen acquis, and this was granted by the E.U. Council on May 29, 2000.[9] Therefore, UK and ROI and are signatories of the Council Decision covering police co-operation, but not of the regulations covering asylum, visas and border controls.

The reluctance of the U.K. government to join the agreement has been criticised by the House of Lords, which accused the government of hampering the fight against cross-border crime due to the inability of the UK to access the Schengen Information System, which contains data on potentially problematic persons.[10]

In October 2007, the UK Government announced plans to introduce an electronic border control system by 2009 and this led to speculation that the Common Travel Area would end.[11] However in response to a question on the issue, the Irish Taoiseach (i.e. Prime Minister) stated "On the question of whether this is the end of the common travel area and should we join Schengen, the answer is 'No'."[12]

Implementation

States that have already implemented the terms of the agreement
Date of implementation Implementing State
26 March 1995  Belgium  France  Germany  Luxembourg
 Netherlands  Portugal  Spain
26 October 1997  Italy
1 December 1997  Austria
26 March 2000  Greece
25 March 2001  Denmark  Finland  Iceland  Norway  Sweden
21 December 2007 for overland borders and seaports, and on 29 March 2008 for airports[13]  Czech Republic  Estonia  Hungary  Latvia
 Lithuania  Malta  Poland  Slovakia  Slovenia


Signatories yet to implement the agreement, and the planned implementation date
Prospective date of implementation Implementing State
November 2008[14]   Switzerland and  Liechtenstein
2009[15]  Cyprus
2011  Bulgaria[16] and  Romania[17]

Before fully implementing the Schengen Agreement, each new state will need 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 of EU experts to selected institutions and workplaces of the country under assessment. The Council of the European Union was scheduled to review the results between April and September of 2007.[18]

Non-signatories of note

Principles behind the agreement

File:SchengenVisaNewType.JPG
Common Schengen Visa, new type (allowing photograph of bearer to be inserted)
File:SchengenResidencePermit.JPG
Common Model of a Schengen Residence Permit, here: Form for a German long-term residence permit
A typical Schengen internal border (here near Kufstein between Germany and Austria): the traffic island marks the spot where a control post once stood; it was removed in 2000.

Before the Schengen Agreement, citizens of western Europe could travel to neighbouring countries by showing their national ID card or passport at the border. Nationals of some countries were required to have separate visas for every country in Europe; thus, vast network of border posts existed around the continent which disrupted traffic and trade—causing delays and costs to both businesses and visitors.

Since Schengen, border posts have been closed (and often demolished) between participating countries. Road traffic is no longer delayed; road, rail and air passengers no longer have their identity checked when crossing borders (however, see section Customs control). Citizens of non-EU, non-EEA countries who wish to visit Europe, and who require a visa to enter the Schengen area, are simply required to get a common Schengen Visa from the Embassy/Consulate of the Schengen country they intend to visit first; they may then visit any of the Schengen countries without hindrance. However, in some exceptional cases, visas can be restricted to just certain member states.

Third-country nationals who are holders of a residence title of a Schengen state may freely enter into and stay in any other Schengen state for a period of up to three months.[22] For a longer stay, they require a residence title of the target member state. Third-country long-term residents of a member state enjoy, under certain circumstances, the right to settle in other member states.[23]

Not only does the Schengen Agreement remove border checks between participating countries, but participating nations co-ordinate external controls. 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 a European Union regulation called Schengen Borders Code.[24] In particular, Article 7 of the Schengen Borders Code provides that all persons crossing external borders have to be subject to a minimum check, this including the establishment of identities on the basis of the production or presentation of their travel documents, while third-country nationals must be subjected to thorough checks, which also concern all entry requirements (documentation, visa, employment status, means of subsistence, absence of security concerns).

National security

A country is permitted by articles 23-31 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 action. This occurred in Portugal during the 2004 European Football Championship and in France for the ceremonies marking the 60th anniversary of D-Day. It was used again by France shortly after the London bombings in July of 2005. Finland briefly reinstated border controls during the 2005 World Championships in Athletics in August 2005. Germany used it for the 2006 FIFA World Cup and again in 2007 for the 33rd G8 summit in Heiligendamm.

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.

Under Article 41 of the Agreement, police from one Schengen state may cross national borders to chase their target for up to 30 km ('hot pursuit'). The officers either have to be in uniform, or their vehicles have to be marked as police vehicles and weapons may be used only in self-defence. Many neighboring Schengen states have introduced further bilateral measures for police cooperation in border regions, which are expressly permitted under Article 39 subsection 5 of the Schengen Agreement. Such cooperation may include joint police radio frequencies, police control centres, and tracing units in border regions.[25]

Air security

When travelling by air between Schengen countries, identification (usually passport or national ID card) must be shown. Whilst this is not a Schengen rule, it is an air security requirement even when flying within the same country.

ID checks at hotels and other places

According to the Schengen rules, hotels and other types of accommodation must register the name, citizenship and ID number of all foreign citizens [26]. For this reason, a passport or a national ID card must be produced; however, the rule is not always enforced.[citation needed]

Customs control

Most member states of the Schengen area are also members of the European Union, among which customs controls have been abolished, leaving no checks at the borders. Customs checks remain between two Schengen members where one is a non-EU country (and indeed at borders between the European Union Value Added Tax Area and those zones of the EU that lie outside it). Customs checks are also performed in connection with travel within one single member state, if a part of that state is located outside the EU common customs area; this e.g. between Heligoland and mainland Germany. With respect to travel between EU members where one is non-Schengen, there are identity (passport) checks, but no customs checks; this applies between Ireland, the U.K. and the European Continent.

Some member states maintain checks with respect to controlled substances. For example, the Dutch policy on drugs differs from that of the French, and a person could buy drugs in the Netherlands and transport them to France to sell them on the black market; thus France insisted on maintaining border controls on people entering France from the Benelux countries. [citation needed]

Sweden and Finland maintain customs checks in order to control the smuggling of drugs and alcohol. The Schengen treaty allows this, so long as cars are only stopped when a suspicion of smuggling has been established. [citation needed]

Non-EU members Norway and Iceland are not a part of the EU customs union and therefore enforce the same level of customs control towards all travellers who are not members of the Nordic Agreement. [citation needed]

Information sharing: Prüm Convention

An agreement was signed on 27 May, 2005 by Germany, Spain, France, Luxembourg, Netherlands, Austria, and Belgium at Prüm, Germany. This agreement, based on the principle of availability which began to be discussed after the Madrid bomb attack on 11 March, 2004, could enable them to exchange all data regarding DNA and fingerprint data of concerned persons and to cooperate against terrorism. Sometimes known as the Prüm Convention, this is becoming known as the Schengen III Agreement and was adopted into EU regulation for Schengen states in June 2007.[27] The Visa Information System, to be rolled-out in 2009, could be in the future the largest biometric database in the world.[28]

External borders

Passport control at an external Schengen border in Finland

The borders against non-Schengen countries are to be carefully controlled, and every person crossing those external borders must carry an accepted means of identification, such as a passport, other travel document, or – in case of EU and Swiss citizens – national identity card.[29] All persons who are third-country nationals have to be checked against the Schengen Information System, a database containing information about undesired or wanted people, stolen passports, and other items of interest to border officials;[30] while checks on EU citizens and other persons enjoying the right of free movement in the EU may only be conducted on a "non-systematic" basis.[31]

The border controls are located at roads crossing a border, at airports, at seaports, and onboard trains.[32] Usually there is no fence along borders in the terrain, but there are exceptions like the Ceuta border fence. Fence is partially located at the border between Slovakia and Ukraine. [clarification needed] Along the southern coast of the Schengen countries, coast guards are making a substantial effort to prevent private boats from entering without permission.

The Schengen Agreement stipulates that all transporters of passengers across the Schengen external border must check, before boarding, if the passenger has the travel document and visa required for entry.[33] This is to prevent persons from applying for asylum at the passport control, after already having landed within the Schengen area. Since all asylum applications filed on EU territory must be investigated, and since it often proves to be difficult to deport persons who already have landed, the Schengen states want to prevent third-country nationals who do not have the papers required for entry into the area from even reaching a passport control point on their territory. Because this system proves to be effective, unsafe boats, containers, or other unconventional and life-endangering means of transport are used for people smuggling.

The Schengen Agreement and the European Union

All states which belong to the Schengen area are European Union members, except Norway, Iceland, Liechtenstein and Switzerland which are members of the European Free Trade Association (EFTA) . Two EU members (the United Kingdom and the Republic of Ireland) have opted not to fully participate in the Schengen system (their reasons are outlined above). The main reason that the non-EU states of Iceland and Norway joined was to preserve the Nordic Passport Union (see section Pre-Schengen free-travel zones in Europe).

The Schengen Agreement was originally created independently of the European Union, in part due to the lack of consensus amongst EU members, and in part because those ready to implement the idea did not wish to wait for others to be ready to join. However, the Treaty of Amsterdam incorporated the legal framework brought about meanwhile, the so-called Schengen-Acquis,[34]by the agreement into the European Union framework, effectively making the agreement part of the EU and its modes of legislature. Amongst other things, at first the Council of the European Union, later the European Parliament and the Council of the European Union in the codecision procedure, took the place of the Executive Committee which had been created under the agreement,[35] leading to the result that legal acts setting out the conditions for entry into the Schengen Area can now be enacted by majority vote in the legislative bodies of the European Union. This also concerns the original Schengen Agreement itself, which may be altered or repealed by means of European Union legislation, without such amendments having to be ratified by the signatory states.[36] Thus, the Schengen States which are not EU members have few options to participate in shaping the evolution of the Schengen rules; their options are effectively reduced to agreeing with whatever is presented before them, or withdrawing from the agreement. Future applicants to the European Union must fulfil the agreement criteria regarding their external border policies in order to be accepted into the EU.

Entry conditions for third-country nationals

The Schengen rules include uniform rules as to the type of visas which may be issued for a short-term stay, not exceeding 90 days, on the territory of one, several or all of those States. The rules also include common requirements for entry into the Schengen area, and common procedures for refusal of entry.

According to the Schengen Borders Code, the conditions applying to third-county nationals for entry are as follows:[37]

In other words, mere possession of a Schengen visa does not confer automatic right of entry. It will only be granted if the other transit or entry conditions laid down by EU legislation have been met, notably the means of subsistence that aliens must have at their disposal, as well as the purpose and the conditions of the stay.

A third-country national who has been granted entry may stay in the Schengen area and travel between Schengen states as long as the conditions for entry are still fulfilled.[39] For stays which exceed three months, so-called national visa (category D) are issued by the relevant Schengen state where the alien intends to reside. Any third-country national who is a holder of a residence permit of a Schengen state, which is granted for a stay which exceeds three months, is allowed to travel to any other member state for a period of up to three months.[40]

EU (Schengen) visa lists
  Special visa-free provisions (Schengen treaty, OCT or other)
  Visa required to enter the EU - annex I countries
  Visa-free access to the EU for 90 days - annex II countries
  Visa-status unknown

The requirement of a visa for short-term stays in the Schengen area which do not involve employment or any self-employed activity are set out in an EU regulation.[41] The list of the nationals which require a visa for a short-term stay (so-called Annex I list) and the visa-free nationals (so-called Annex II list) refers to the nationality of the third-country national and not to the passport or travel document he or she is holding (with an exception to holders of Hong Kong and Macau passport holders, and another exception vis a vis holders of refugee travel documents, where the country which issued the travel document is relevant). Nationals which intend to take up employment or self-employed activity may be required by member states to obtain a visa although they are listed on the Schengen visa-free list; usual business trips are normally not considered employment in this sense.[42]

The uniform 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.

It is granted in four categories:[43]

Under certain conditions, seamen are issued visa at the border in order to board a ship or travel home from a ship in an EU harbor. Furthermore, visa may also be issued at the border in exceptional cases, e.g. emergencies.[44]

To obtain a Schengen visa, a traveller must take the following steps:

Requirements for family members of an EU citizen differ from those indicated above. In general, there is no requirement to provide information about one's employment, or to prove one's means of subsistence. In addition, no fee is required for the visa to be issued.

See also

References and notes

  1. ^ "Schengen area" is the common name for states that have implemented the agreement.
  2. ^ Europe's Schengen visa zone reaches Russia's borders
  3. ^ Europe broadly welcomes enlarged Schengen pact
  4. ^ Hawley, Charles (2004-08-02). "Hot topic in Germany: aggression in World War I". The Christian Science Monitor. Retrieved 2007-12-23. ((cite news)): Check date values in: |date= (help)
  5. ^ "The Schengen acquis". Official Journal. L 239. EUR-Lex: 0013–0018. 2000-09-22. Retrieved 2007-10-22.
  6. ^ http://www.immihelp.com/visas/schengenvisa/schengen-agreement.html
  7. ^ "The EU respects the 1,000-year old Mount Athos' prohibition of women visitors". greekembassy.org. Hellenic Republic, Embassy of Greece, Washington DC. 2001-07-13. Retrieved 2007-10-22.
  8. ^ "Monks see Schengen as Devil's work". BBC News. 1997-10-26. Retrieved 2007-10-22.
  9. ^ 2000/365/EC: Council Decision of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
  10. ^ "Government's reluctance to join Schengen Information System weakens battle against cross border crime". House of Lords. 2007-03-02. Retrieved 2007-10-22.
  11. ^ Collins, Stephen (2007-10-24). "Irish will need passports to visit Britain from 2009". ireland.com. Retrieved 2007-10-25.
  12. ^ "Parliamentary Debates (Official Report - Unrevised) Dáil Éireann". Dáil Debate. 640 (2). Leinster House, Dublin 2, Ireland: Office of the Houses of the Oireachtas. 2007-10-24.((cite journal)): CS1 maint: location (link)
  13. ^ "Internal border controls to be lifted between the new and old Member States as of 31 December 2007 and 29 March 2008". Finland's EU Presidency. 2006-12-05. Retrieved 2007-10-22.
  14. ^ "Schengener Informationssystem: Bundesrat legt weiteres Vorgehen fest". admin.ch (in German). Bern, Switzerland. 2007-05-16. Retrieved 2007-10-22.((cite web)): CS1 maint: unrecognized language (link)
  15. ^ Lindsay, David (2006-12-10). "Malta to be included in passport-free Schengen zone by end 2007". The Malta Independent. Retrieved 2007-10-22.
  16. ^ Yoncheva, Olga (2007-07-19). "Bulgaria Ready to Join Schengen till 2011". News.bg. Retrieved 2007-10-22.
  17. ^ "Romania tries to join Schengen area by 2011". People's Daily Online. Xinhua. 2007-06-27. Retrieved 2007-10-22.
  18. ^ "Slovenia to Face Schengen Scrutiny This Year". Slovenia Business Week. Retrieved 2007-10-22.
  19. ^ Keiber-Beck, Rita (2006-07-09). (Speech). Vaduz http://www.llv.li/amtsstellen/llv-pia-reden/llv-pia-english-speeches-2006.htm?rid=81929&language=2. Retrieved 2007-10-22. ((cite speech)): Missing or empty |title= (help)
  20. ^ "Schweiz soll ab 1. November 2008 bei Schengen dabei sein". NZZ.ch (in German). 2007-09-19. Retrieved 2007-10-22.((cite web)): CS1 maint: unrecognized language (link)
  21. ^ "Vatican seeks to join Schengen borderless zone". euobserver.com.
  22. ^ Article 21 of the Schengen Agreement.
  23. ^ "Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents" (PDF) (in English). 2004-01-23. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link)
  24. ^ "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link).
  25. ^ Example: Press releases concerning police coopration in the German-Polish border region - "Innenminister Schönbohm: Schengen-Erweiterung ein „historisches Glück"" (in German). 2007-11-22. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link)
  26. ^ Schengen Aquis article 45
  27. ^ "Controversial data-sharing deal to get the go-ahead". euobserver.com.
  28. ^ "EU to create world's biggest bio-data pool". euobserver.com.
  29. ^ Article 7 subsec. 2 of the "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link); with respect to identification by identity cards cf. Article 5 subsec. 1 of the "Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States" (PDF) (in English). 2004-04-40. Retrieved 2007-11-25. ((cite web)): Check date values in: |date= (help)CS1 maint: unrecognized language (link).
  30. ^ Article 7 subsection 3 vi of the "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link).
  31. ^ Article 7 subsection 2 subparagraph 3 of the "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link).
  32. ^ Details are set out in Annex VI to the "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link).
  33. ^ Article 26 sec. 1 lit. b of the Schengen Agreement.
  34. ^ The complete acquis had been published here: "Official Journal of the European Communities - The Schengen Acquis" (PDF) (in English). 2000-09-22. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link).
  35. ^ "Council Decision of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty" (PDF) (in English). 2004-12-31. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link).
  36. ^ Example: By article 39 subsection 1 of the Schengen Borders Code, Articles 2 to 8 of the Schengen Agreement had been repealed - "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link).
  37. ^ Article 5 of the Schengen Borders Code - "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)" (PDF) (in English). 2006-04-13. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link).
  38. ^ Cf. Article 6 of "Consolidated verion of the 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" (PDF) (in English). 2007-01-19. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link)
  39. ^ Article 19 od the Schengen Agreement for aliens requiring a visa; Article 20 of the Schengen Agreement for third-country nationals who do not require such visa.
  40. ^ Article 21 of the Schengen Agreement.
  41. ^ "Consolidated verion of the 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" (PDF) (in English). 2007-01-19. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link).
  42. ^ Cf. "Section 17 of the German Aufenthaltsverordnung" (in German). 2004-11-25. Retrieved 2007-11-28.((cite web)): CS1 maint: unrecognized language (link) in conjunction with "Section 16 of the German Beschäftigungsverordnung" (in German). 2004-11-22. Retrieved 2007-11-28.((cite web)): CS1 maint: unrecognized language (link).
  43. ^ This is set out in detail in the Common Consular Instructions:"Consolidated verion of the Common Consular Instructions on Visas for the Diplomatic Missions and Consular Posts" (PDF) (in English). 2003-05-01. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link).
  44. ^ "Consolidated verion of the Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit" (PDF) (in English). 2003-03-07. Retrieved 2007-11-25.((cite web)): CS1 maint: unrecognized language (link).
  45. ^ Article 12 sec. 2 sentence 1 of the Schengen agreement.
  46. ^ Article 12 sec. 2 sentence 2 of the Schengen agreement.

Further reading