Crossing borders

Travelling inside the EU has become easy and fast. However, not all the EU Member States are full Schengen members and there are therefore some big differences. This section provides information you should be aware of when crossing the EU’s internal and external borders.

Member States that are in the Schengen area all apply the same set of standards for the EU’s external border control. That is the only way to make sure that borders are protected in a uniform manner, since the Schengen area now extends from the waters of the Mediterranean to beyond the Arctic circle. Below you will find an overview of how this is done.

"This page of the Sub-section 'Crossing borders' gives a general presentation in two parts: Part I covers the latest developments which occurred within the recent years. Part II outlines the general context in terms of the accomplishments and the acquis at European level.”

I) Latest developments

Now that the Schengen area extends along nearly 8,000 km of external land borders and nearly 43,000 km of external sea borders¹ as well as hundreds of border crossing points, it is time to look ahead and develop the next generation of border management tools. To promote integrated border management, in February 2008 the Commission presented three communications containing practical proposals to improve EU border security by reinforcing border checks, border surveillance and operational coordination between Member States.

The first communication offered Member States a roadmap for gradually developing a European Border Surveillance System (EUROSUR) [172 KB], with the main purpose of preventing unauthorised crossings at the EU’s external borders, reducing the number of illegal immigrants losing their life at sea and increasing the internal security of the EU as a whole by helping to prevent cross-border crime. EUROSUR should provide a common technical framework for streamlining day-to-day cooperation and communication between Member States’ authorities and facilitate use of state-of-the-art technology for border surveillance. One key operational objective should be to share information between existing national and European reporting and surveillance systems. In September 2009, the Commission adopted a Report on progress made in developing EUROSUR [56 KB].

The second communication [161 KB] concerns measures to facilitate border crossings for low-risk travellers, the possible introduction of registration of entry and exit data on third-country nationals and examining the idea of introducing an Electronic System of Travel Authorisation (ESTA).

Third-country nationals complying with certain criteria (e.g. no previous overstays in the Member States, proof of sufficient means of subsistence and holding a biometric passport) could be granted registered traveller status and benefit from simplified, automated border checks. EU citizens holding a biometric passport could benefit from automated border check procedures without having to enrol in any such programme.

Automatic registration of the time and place of entry and exit of third-country nationals (entry/exit system) could especially help to identify overstayers (people who entered the EU lawfully but have become illegal by overstaying their right to stay).

In 2009 the Commission intends to launch a study to analyse the feasibility, practical implications and impact of an Electronic System of Travel Authorisation. Such a system would apply to third-country nationals not subject to a visa requirement.

The Commission also presented its report on the evaluation and future development of the European Agency for the Management of Operational Cooperation at the External Borders [147 KB] (“Frontex”). This took stock of Frontex activities and proposed measures that could be taken with regard to its activities and future development, such as improving the availability of border guards and technical equipment for Frontex operations, strengthening cooperation with third countries (mainly with those considered problem areas in terms of border control) and improving horizontal operational coordination at Member State and European level. It also returns to the question of a future European Border Guards System in the long term.

¹Information based on the data provided by the Member States for the purposes of the External Borders Fund.

II) General context

1. Crossing the borders

For stays not exceeding three months within a six-month period, the conditions for entry into the Schengen area are as follows:

Third-country nationals 2	EU/EEA ( Iceland, Liechtenstein and Norway)/Swiss citizens
Valid passport or travel document.	Valid passport or ID card.
A table showing travel documents entitling the holder to cross the EU’s external borders and which may be endorsed with a visa can be found here [1.9 MB]. For a similar list of aliens’ passports issued by Schengen States, to which a visa may be affixed, and a list of travel documents issued by international organisations, follow this link [217 KB] (note that documents mentioned in Annex V cannot be endorsed by affixing a visa nor are they recognised as valid travel documents).
Valid Schengen visa (if required). A residence permit issued by a Schengen Member State has equivalent force to a Schengen visa. Third-country nationals holding a valid residence permit issued by a Schengen Member State are exempt from the visa requirement for entry into another Schengen State if their stay does not exceed three months within a six-month period.
For the lists of countries exempted from/subject to the visa requirement, see Council Regulation (EC) No 539/2001 of 15 March 2001. It is essential to check the latest amendments to the Regulation and relevant information made available by the Member State(s) concerned before each trip.
Sufficient means of subsistence for the intended stay.
A non-exhaustive list of supporting documents which border guards may request from third-country nationals in order to confirm compliance with this condition is available in Annex 1 to the Schengen Borders Code. Means of subsistence are assessed by reference to the duration and purpose of the stay and to average prices in the Member State(s) concerned for board and lodging in budget accommodation, multiplied by the number of days stayed. Reference amounts set by the Member States are available here.
Not listed for refusal of entry.
Not considered a threat to public policy, internal security, public health or international relations.	May be checked on a non-systematic basis if a person does not represent a genuine, present and sufficiently serious threat to internal security, public policy, international relations or a threat to public health.
If the entry conditions are not fulfilled, entry is refused, unless a Member State decides to authorise entry on humanitarian grounds, on grounds of national interest or because of international obligations.	If a Member State decides to restrict freedom of movement and residence on grounds of public policy, public security or public health: Restrictions to freedom of movement and residence taken on grounds of public policy or public security shall be proportionate and based exclusively on the personal conduct of the individual concerned (i.e. he/she must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society). The only diseases justifying restrictions on grounds of public health shall be the diseases with epidemic potential (as defined by the World Health Organisation) and other infectious or contagious parasitic diseases if they are subject to protection provisions applying to nationals of the host Member State (see Chapter VI of Directive 2004/38/EC for details). The person concerned must be notified of the decision taken, of the grounds for that decision (unless this is contrary to the interests of State security) and of the authority with which he or she may lodge an appeal.

² 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.

Further details on the rights of family members of EU citizens can be found in the Guide on the Directive [256 KB] or on the Your Europe portal which provides practical information on rights and opportunities in the European Union and advice on how to exercise these rights in practice.

The entry requirementsfor crossing the borders between/to the EU countries that are not in the Schengen area are the same as for crossing the external borders, except for the United Kingdomand Irelandwhich do not apply the Schengen Borders Code and have their own national regulations on those issues. However, under Directive 2004/38/EC, EU citizens have a right to enter these two countries on presentation of a passport or ID card . Third-country members of their family accompanying or joining them in the UK and Ireland can enter on presentation of a valid passport (and of a valid visa or of a residence card of a family member of a Union citizen if visa is required).

The length of stay in the Schengen area may not exceed three months within a six-month period for third-country nationals exempt from a visa requirement; for other third-country nationals, the length of stay is indicated on their visa (but cannot exceed three months within a six-month period).

Member States can also request the third-country nationals to report their presence to the authorities either on entry or within three working days of entry (see information provided by the Member States for details). If you are staying in a hotel or similar establishment, this is usually reported by the hotel.

All EU citizens have the right to travel and reside on the territory of another Member State (whether in the Schengen area or not) for up to three months. The only requirements that can be imposed are: (a) that they must hold a valid identity card or passport; (b) that they must report their presence within a reasonable and non-discriminatory period of time.

For stays exceeding three months within a six-month period, either residence cards or national visas are issued for third-country nationals.National visas are valid only for the stay on the territory of the issuing State. Nevertheless, such visas (issued by a Schengen Member State) allow the holders to transit through other Schengen States on their way to the host country, unless they fail to fulfil the entry conditions. Under certain circumstances, national visas may also be valid as a short-term Schengen visa (for not more than three months from the starting date of their validity). Information on stays exceeding three months by EU nationals staying in another Member State and facilitations available for third-country members of their family who accompany or join themis available in Directive 2004/38/EC, in the Guide on the Directive [256 KB] and on the Your Europe portal .

Since travellers enjoying the Community right of free movement (EU citizens; third-country nationals who are members of the family of an EU citizen who is exercising his or her right to free movement; European Economic Area (EEA) and Swiss nationals and their family members) are subject to only a minimum check when crossing the EU’s external borders, most border control points have separate lanes for the two categories (one for EU/EEA/Swiss citizens and another for all passports) to facilitate the border checks.

There are no border checks on persons crossing the internal borders between Member States applying the Schengen acquis: the borders may be crossed at any point without a check, irrespective of the nationality of the traveller. Regardless of the abolition of border checks, Member States can carry out identity checks throughout their territory if their national law so provides. Therefore, checks may be carried out by the authorities exercising police functions anywhere inside the Schengen territory (including border areas) as long as the objective is not border control. For that reason, you are strongly advised or even under an obligation to keep your travel documents with you (details).

2. External borders policy

Schengen external borders policy is built around three pillars: (a) legal basis; (b) operational cooperation; and (c) financial solidarity.

(a) Legal basis. The main legal act regulating the work of border guards is 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). It replaced the relevant articles of the Schengen Convention and the Common Manual. The Regulation provides for the absence of border checks when crossing internal borders and establishes rules governing the border control of persons crossing the EU’s external borders.

Further guidelines, best practices and recommendations on performance of border guards’ duties in the Schengen States is available in the Schengen Handbook [529 KB] (Commission Recommendation establishing a common Practical Handbook for Border Guards to be used by Member States’ competent authorities when carrying out border control of persons).

For persons who live in a border area and have to cross the border frequently, a local border traffic arrangement has been established. It makes life easier for bona fide border residents with legitimate reasons to cross the border frequently, while maintaining a high level of security. The geographical, social and economic situations and, consequently, the need for a local border arrangement differ between Member States. The EU therefore adopted a Regulation establishing the framework within which Member States can (but are under no obligation to) negotiate bilateral agreements on local border traffic with neighbouring countries.

The framework established for Member States consists of a local border traffic permit which entitles residents of a border area to stay regularly on the other side of the border area for social, cultural, family or similar reasons for a certain period of time without being required to obtain an ordinary Schengen visa. It must be added that this local border traffic permit is valid only for stays in the border area of the issuing Member State and is subject to certain requirements laid down in the regulations and an agreement concluded with the third country in question.

Being prepared is one prerequisite for efficient border control and successfully fighting illegal migration. Knowing that irregular situations may occur once a flight arrives from a third country helps all concerned to get ready to handle it appropriately. Upon request by the authorities responsible for carrying out checks on persons at the EU’s external borders, air carriers are under an obligation to transmit information concerning the passengers they will carry from a third country. The information includes the name, nationality and date of birth of each passenger plus information on the number and type of travel document used. Detailed information on this obligation can be found in Council Directive 2004/82/EC.

(b) Operational cooperation. To coordinate the operational cooperation between the Member States on management of the EU’s external borders, the European Agency for the Management of Operational Cooperation at the External Borders(“Frontex”)was established in 2004. The Agency became fully operational on 3 October 2005 and is based in Warsaw ( Poland). It is primarily responsible for coordinating operational cooperation between Member States (including joint operations and pilot projects in cooperation with Member States) and for maintaining a centralised record of technical equipment that Member States are ready to place at the disposal of other Member States. Its other activities include developing a common integrated risk analysis model, establishing the common EU training standards for border guards and following developments in research relevant to control and surveillance of external borders.

Another significant task of the Agency is management of Rapid Border Intervention Teams(RABITs) with the Member States. These teams are deployed at the request of any Member State facing urgent, exceptional pressure, notably at the entry points at the EU’s external borders (for example, a large number of third-country nationals trying to enter the territory of a Member State illegally). The teams are made up of border guards from different Member States, taking into account the particular circumstances which the requesting State is facing. The pool of potential members of the RABITs is maintained by the Agency, drawing on the national expert pools set up by the Member States. The present pool consists of between 500 and 600 border guards. The Agency conducts regular training and exercises for members of the RABITs pool.

Members of Rapid Border Intervention Teams perform most of the usual tasks of border guards and may carry weapons, but they act under instructions from (and usually in the presence of) border guards of the host Member State. However, only guards from the host Member State can take decisions to refuse entry. The guest officers wear their national uniform plus a blue armband bearing the insignia of the EU and Frontex.

(c) Financial solidarity. Theresources required by each individual Member State to protect the EU’s external borders vary, depending on its geographical location. For this reason, some Member States have to invest considerably more to protect the external borders in the interest of the entire Schengen area. In a spirit of solidarity, the EU established an External Borders Fund (EBF) that supports States bearing, for the benefit of the Community, a financial burden as a result of implementing common standards on the EU’s external border control and visa policy. The Fund has a budget of €1 820 million for the period 2007-2013. The funding is allocated and managed in line with pre-defined criteria. To ensure that investments made from this Fund by individual Member States follow the same priorities, the Commission Decision adopting the strategic guidelines of the Fund set the priorities of the EBF for 2007 to 2013.