FAQ - Freedom to travel

Links to relevant questions on:

• Schengen basics
• Schengen enlargement
• Crossing the borders
• Visa policy
• Document security

 

Schengen basics

What is the Schengen acquis?

A protocol attached to the Treaty of Amsterdam incorporated the entire intergovernmental Schengen legislation (“acquis”), including the Schengen Agreement and the Schengen Convention, into the European Union’s legal and institutional framework. Since then, the Schengen legislation has been part of the EU acquis and has been further developed. For example, some articles of the Schengen Convention have been replaced by new EU legislation (e.g. the Schengen Borders Code).

Key rules adopted within the Schengen framework include:

• removal of checks on persons at the internal borders;
• a common set of rules applying to people crossing the external borders of the EU Member States;
• harmonisation of the conditions of entry and of the rules on visas for short stays;
• enhanced police cooperation (including rights of cross-border surveillance and hot pursuit);
• stronger judicial cooperation through a faster extradition system and transfer of enforcement of criminal judgments;
• establishment and development of the Schengen Information System (SIS).

What is the objective of the Schengen acquis?

The Schengen acquis abolishes checks at the internal borders, while tightening control of the EU’s external frontiers, in accordance with a single set of rules. A set of common rules defines the conditions for entry into the Schengen area, including the types of visa and travel documents needed, and how checks at external borders have to be carried out. As the Schengen acquis creates an area of free movement without internal border controls, the above-mentioned set of entry rules takes into account not only the concerns of those Member States with an external frontier, but also the interests of the whole Schengen area. In addition, other accompanying measures, notably in the field of police and judicial cooperation in criminal matters, have been developed in order to maintain a high level of security in the area without internal border control.

Which countries are in the Schengen area without internal borders?

Austria, Belgium, the Czech Republic, Denmark, Estonia, France, Finland, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the two associated countries Norway and Iceland.

What is the Schengen Information System (SIS)?

The Schengen Information System (SIS) is a computer system used by border guards, customs officers, visa authorities and judicial and law-enforcement authorities throughout the Schengen area. It stores information on persons wanted for arrest, persons who may not have the right to enter or to stay in the Schengen area and also on missing persons, in particular children or persons to be put under protection. Details of certain objects are also recorded in the SIS, such as cars, vans, identity documents, firearms and bank notes that may have been lost or stolen or used to commit a crime.

Information is entered in the SIS in the form of “alerts” that describe the person or property sought and the reasons for including the data in the system. Alerts may be issued only in relevant and justified cases (e.g. to find a missing person, to find lost or stolen property, to refuse entry into the Schengen area, etc.).

The alerts entered by national authorities using the system are forwarded via the Central System (C.SIS) to all the other Member States.

As the SIS does not store all data required by national authorities, any officer who finds a match will often need further supplementary information on the alert before taking action. National offices known as “SIRENE Bureaux” have been set up in every Schengen country to assist with this process by acting as contact points between the Member State issuing the alert and the one making the hit.

Overall responsibility for the present SIS lies with the EU Council of Ministers and Council working groups have been set up to manage the system.

An updated version of the existing SIS came into operation in mid-2007 allowing nine new Member States to be connected to the SIS and paving the way for lifting internal border controls with these new users.

Work on a new, more advanced, version of the system known as SIS II is currently in progress. SIS II will use state-of-the art technologies and will have enhanced functions, such as the possibility to use biometrics and to link alerts (for example, one on a person and another on a vehicle).

SIS II will consist of three components: a Central System, Member States’ national systems and a communication infrastructure (network) between the Central System and the national interface. The European Commission is currently preparing the SIS II Central System, while SIS II national systems are being developed by the Member States.

Schengen enlargement

How was the assessment made that lifting of the internal border control in 2007 could go ahead?

Experts from the Member States carried out the “Schengen evaluation” of the new Member States over the two years leading up to the decision. Experts from the Commission also participated in these evaluations, but responsibility for them remained with the Council. This evaluation consisted, in particular, of verifying that the accompanying measures making it possible to lift the internal border control were being applied correctly and efficiently by the new Member States. Visits were carried out to evaluate external border control, visa procedures, data protection, police cooperation and readiness to use the Schengen Information System.

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 exact timing cannot be predicted at this stage.

Crossing the borders

What are the entry conditions for third-country nationals?

Third-country nationals must:

• hold a valid passport or travel document;
• be in possession of a valid Schengen visa, if required (a residence permit issued by a Schengen Member State is considered equivalent to a Schengen visa);
• have sufficient means of subsistence for the intended stay;
• not be listed for refusal of entry;
• not be considered a threat to public policy, internal security, public health or international relations.

The United Kingdom and Ireland do not apply the Schengen Borders Code and have their own national regulations on those issues.

Third-country nationals who are members of an EU citizen’s family and who accompany the EU citizen moving to a Member State other than that of which he or she is a national or who join the EU citizen residing there are covered by different rules as they can benefit from 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 the Member States (including the UK and Ireland).

Further details on the rights of family members of EU citizens can be found in the Guide on Directive 2004/38/EC [311 KB] or on the Your Europe portal.

What are the border checks on EU nationals travelling?

EU citizens are allowed to enter the territory of EU Member States on presentation of a valid passport or ID card unless they represent a genuine, present and sufficiently serious threat to public policy or public security. Internal border checks, both on EU citizens and on third-country nationals, are abolished between the countries implementing the Schengen acquis. “Internal borders” means land borders between the Member States, airports for flights between the Schengen States and seaports for regular ferry services between the Schengen States.

However, everyone, including EC citizens, may still be subject to certain checks when crossing borders between Member States as the Schengen provisions allow the possibility to reintroduce border checks temporarily at internal borders, should this be necessary on grounds of public order or national security. In any case, as a matter of principle, EU citizens should be asked no questions about the purpose of their journey, means of subsistence, etc. Most land terminals, airports and seaports have special reserved channels for EU citizens and members of their family. The Schengen provisions do not affect Member States’ right to require travellers to hold, carry and produce permits and travel documents, nor to exercise police powers throughout their territory.

Can a person travel within the Schengen area without carrying a passport or other travel documents?

Member States can require persons to hold or carry documents while on their territory (see the section on crossing the borders for details). The abolition of internal border checks does not affect security checks on passengers at ports and airports.

What is a “residence card of a family member of a Union citizen”?

This residence card is issued to persons who meet all the following basic conditions:

1. the applicant is a third-country national and is a member of the family of an EU national;
2. the EU national in question is exercising his or her right of free movement, i.e. is staying in a Member State other than his or her own;
3. the third-country national is residing with the EU citizen in the host Member State.

For the full list of conditions, refer to 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 . This Directive applies to all Member States and therefore all of them should issue this residence card, provided the conditions are met.

Can the “residence card of a family member of a Union citizen” be issued if the EU citizen in question and his family member who is a third-country national are staying in the Member State of the EU citizen’s nationality?

No. In such cases the family members concerned are issued with a residence permit/card under the national legislation concerning family reunification. Such a residence document does not exempt the holder from the visa requirement under Directive 2004/38/EC, but if the residence document is issued by a Schengen Member State, it is equivalent to a short-stay visa valid for entry into other Schengen Member States.

How long can an EU citizen stay in another EU Member State?

EU citizens have the right of residence in any other EU Member State without special formalities other than to hold a valid travel document (but may be required to report their presence), provided their stay does not exceed three months. For stays of more than three months in another EU country, EU citizens may be required to register with the competent national authorities.

Do airlines have the right to ask for the identity documents of persons travelling on intra-Schengen flights?

Travellers may cross internal borders between Member States applying the Schengen acquis without any checks being carried out.

“Internal borders” include the airports for internal flights, i.e. any flight exclusively to or from Member States applying the Schengen acquis. Authorities of the Member States are therefore not allowed to carry out border checks solely for the reason that the person is crossing an internal border.

However, this does not affect the right of airlines to carry out identity checks within a commercial framework, i.e. when the passenger checks in to make sure that he or she is the person indicated on the ticket or is entitled to certain discounts. In addition, carriers are allowed to carry out checks for security reasons, for instance to make sure that the person boarding the plane is the person indicated on the ticket, or where there are concerns that the conduct of a person boarding a plane might disturb public order or jeopardise the safety of other passengers. Authorities are also under an obligation to verify that the person who checks in baggage is the same as the person who boards the aircraft.

Therefore, if airlines ask passengers to present an identity document in the above-mentioned cases, it is not contrary to the Schengen acquis. It is worth adding that EU nationals are entitled to prove their identity by presenting either a valid identity card or a valid passport.

Visa policy

Where to apply for a Schengen visa?

Applications should be lodged with the diplomatic representation of the Member State which is the sole or main destination. If the main destination cannot be identified, the application should be lodged at the diplomatic representation of the Member State of first entry.

What are the fees to cover the administrative costs for processing visa applications?

The price of a short-stay visa is €60. In individual cases, the price may be reduced or waived in accordance with national law to promote cultural interests, foreign policy, development policy or other vital public interests. No fees may be charged for third-country nationals who are members of the family of an EU citizen or of a national of a country covered by the EEA Agreement, who is exercising his or her right of free movement. In addition, fees are waived for children under six years’ old, school pupils, post-graduate students and teachers accompanying trips for study purposes or educational training and for researchers carrying out scientific research as defined in Recommendation 2005/761/EC.

The European Union has concluded visa facilitation agreements with Russia, Ukraine, Moldova, Bosnia-Herzegovina, Serbia, Montenegro, the Former Yugoslav Republic of Macedonia and Albania. For citizens of these countries, the fee is only €35. Certain categories of citizens of these countries are exempted from the visa fee.

Is a Schengen visa valid for the entire Schengen area, including the countries that joined in 2007?

Third-country nationals subject to a visa obligation (Regulation (EC) No 539/2001, as last amended by OJ L 405, 30.12.2006, p. 23 and corrected by OJ L 29, 3.2.2007, p. 10) can travel with a single Schengen visa throughout the whole Schengen area and no longer need to apply for a national visa for each Member State. However, a Schengen visa is a short-term visa valid only for stays not exceeding three months within a six-month period. For longer stays, a national visa or a residence permit has to be applied for.

Under certain conditions, however, national long-stay visas can be valid as uniform short-stay visas for a period of not more than the first three months. Otherwise, such national visas merely enable holders to transit through other Schengen States on their way to the country that issued the visa, on condition that the holder fulfils the entry conditions and is not on the national list of alerts of any Member State transited.

Third-country nationals who are in possession of a valid residence permit issued by a Schengen Member State can travel within the Schengen area on presentation of that valid residence permit and do not need to apply for a visa. For third-country nationals travelling to Member States not in the Schengen area, as a general principle a national visa can be required.

Are there bilateral agreements that allow third-country nationals to stay in the Schengen area longer than the usual three-month period without a visa/residence permit?

As a general rule, third-country nationals can stay in the Schengen area for a maximum of three months within a six-month period. However, some Schengen Member States concluded bilateral agreements before the Schengen Convention entered into force or before they joined the Schengen area. On the basis of such bilateral agreements, nationals of the third country concerned are allowed to stay on the territory of a Member State for three months in addition to the three months spent in the Schengen area.

What is the Visa Information System ( VIS)?

The Visa Information System (VIS), currently under development, will be a major system for exchanging visa data between Member States. Once fully up and running, the VIS will process data on all applications for short-stay visas to visit or to transit the Schengen area. It will also process information on decisions relating to short-stay visas, in particular on whether to issue or refuse or to annul, revoke or extend a visa.

Once it is fully operational, the VIS will be connected, in particular, to all visa-issuing consulates and to all external border crossing points in the Schengen States. The VIS will facilitate the visa application procedure, assist the fight against fraud and prevent “visa shopping” (e.g. where an applicant who has been refused a visa by one consulate reapplies at another, perhaps under a new identity). It will also enable border guards to verify that the person presenting a visa is its rightful holder. Furthermore, persons arriving at or found within the Schengen borders without documents or with fraudulent documents may be checked against the VIS in order to identify them.

The VIS will also make it easier to determine which Member State is responsible for examining an asylum application and will facilitate the examination of asylum applications. Furthermore, the VIS will contribute to preventing threats to the internal security of Member States. Police and law enforcement authorities will be able to consult the data with a view to preventing, detecting and investigating terrorist and other serious criminal offences, but only under certain conditions that ensure a high standard of data protection.

The VIS will consist of a Central System to be delivered by the European Commission and a communication infrastructure that will connect it to the national systems to be developed by each Member State. Each Member State will have to connect its consulates, border-crossing points and other competent authorities to the central VIS via its national system. The system will include an encrypted network specifically dedicated to VIS data and to exchanging data between the central and national systems.

The data in the VIS will include alphanumeric data (for example, the name and date of birth of the applicant) and biometric data (i.e. the digital photograph of each applicant and his or her fingerprints). The biometric data will be stored and processed by a special component of the central VIS, called the Biometric Matching System (BMS). It will be capable of performing two main types of biometric operation: (1) fingerprint identification, to check whether a person’s fingerprints are already in the database (possibly under another identity); (2) fingerprint verification, to check, for example, whether a person arriving at a border really is the person to whom a specific visa was issued (i.e. by comparing the fingerprints of the person crossing the border with his or her fingerprints in the database).

High standards of security are being built into the system to make sure that it remains secure and reliable and that data are accessed only by authorised persons for legitimate purposes.

In the medium term, the VIS is set to become one of the largest biometric databases in the world, storing close to 70 million sets of fingerprints.

Document security

Where can I find the EU legislation and the main proposals and Community acts regarding travel documents (passports, residence permits or visas)?

Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States.

Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (consolidated version of 1 January 2007).

Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form.

Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals.

Which body is responsible for laying down technical specifications for the uniform format for visas?

Article 6 of Regulation 1683/95 set up a committee, made up of representatives of the Member States, to assist the Commission with laying down the complementary technical specifications for the uniform format for visas, in particular the features aimed at preventing counterfeiting or falsification. This is commonly known as the “Article 6 Committee” and proceeds in accordance with the rules on comitology. Its members are designated “ad personam” directly by Member States (for reasons of data protection, their names cannot be published).

The “Article 6 Committee” assists the European Commission with establishing the technical specifications necessary for implementation of Regulation 1683/95 and gives its opinion on draft Commission decisions on these issues. In addition, based on the Committee’s wide experience and expertise in document security, the Council has also given it a mandate to establish other technical specifications, such as for the residence permits for third-country nationals and for the passports and other travel documents issued by Member States.