European borders prior to Schengen

Before the First World War, most countries of the world, including Europe, had lax border policies, facilitating such educational trips as the Grand Tour amongst the upper classes.

Visas became commonplace during the interwar period, as did border controls. After the Second World War, however, customs unions arose between various European countries. The Nordic countries allowed free movement and residence between them in 1954, and the countries of Benelux abolished their mutual borders in 1960. This reflected a greater trend towards European integration; the European Communities (EC), the predecessor of the EU, was established in the 1950s for economic cooperation.

Schengen Agreement

The Schengen Agreement was signed on 14 June 1985 by five of the ten EC member states^[9] in the town of Schengen, Luxembourg. The Schengen Area was established separately from the European Communities, when consensus could not be reached among all EC member states on the abolition of border controls.

The Agreement was supplemented in 1990 by the Schengen Convention, which proposed the abolition of internal border controls and a common visa policy.^[10] The Agreements and the rules adopted under them were entirely separate from the EC structures, and led to the creation of the Schengen Area on 26 March 1995.^[11]

As more EU member states signed the Schengen Agreement, consensus was reached on absorbing it into the procedures of the EU. The Agreement and its related conventions were incorporated into the mainstream of European Union law by the Amsterdam Treaty in 1997, which came into effect in 1999. A consequence of the Agreement being part of European law is that any amendment or regulation is made within its processes, in which the non-EU members are not participants.

The UK, the Crown Dependencies, and the Republic of Ireland have operated a Common Travel Area (CTA) since 1923 (with passport-free travel and freedom of movement with each other), but the UK would not abolish border controls with any other countries and therefore opted out of the Agreement. While not signing the Schengen Treaty, the Republic of Ireland has always looked more favourably on joining, but has not done so in order to maintain the CTA and its open border with Northern Ireland.^[12]

Current members

AT

BE

HR

CZ

DK

EE

FI

FR

DE

GR

HU

IT

LV

LT

LU

MT

NL

PL

PT

SK

SI

ES

SE

IS

LI

NO

CH

VA

SM

MC

BG

CY

RO

UK

IE

 Schengen Area (EU) 

 Schengen Area (non-EU) 

 Working to implement soon (EU) 

 Common Travel Area (EU & Non-EU) 

 Micro-states De-Facto included in Schengen (Non-EU) 

view

 Some Atlantic islands such as the Canary islands are also in the Schengen Area 

This is a clickable map

The Schengen Area consists of 27 countries, including four which are not members of the European Union (EU). Two of the non-EU members – Iceland and Norway – are part of the Nordic Passport Union and are officially classified as states associated with the Schengen activities of the EU.^[13] Switzerland was allowed to participate in the same manner in 2008. Croatia joined the Schengen Area on 1 January 2023. De facto, the Schengen Area also includes four European micro-states – Andorra, Monaco, San Marino, and the Vatican City – that maintain open or semi-open borders with other Schengen member countries.^[14] Although Andorra’s agreements with France and Spain make it effectively part of Schengen,^[15] this can be avoided by requesting entry and exit stamps at the border.^[16]

One EU member state – Ireland – negotiated opt-outs from Schengen and continues to operate border controls with other EU member states, while at the same time being part of the open-border Common Travel Area with the United Kingdom (a former EU member) and the Crown Dependencies. The remaining three EU member states – Bulgaria, Cyprus and Romania – are obliged by their Treaties of Accession to join the Schengen Area eventually. However, before fully implementing the Schengen rules, each state must have its preparedness assessed in four areas: air borders, visas, police cooperation, and personal data protection. This evaluation process involves a questionnaire and visits by EU experts to selected institutions and workplaces in the country under assessment.^[17]

Bulgaria and Romania are acceding members with air and maritime controls between the two countries, and the rest of the Schengen Area to be lifted on 31 March 2024.^[18][19] Currently, the only land borders with controls (not counting temporary ones) between EU/EEA members, are those dividing Bulgaria and Romania from each other and from the rest of the EU.^[20]

Summary table

Members of the Schengen Area

State	Area (km2)	Population[21][22] (2021)	Date signed [Note 1]	Date of first implementation [Note 2]
Austria	83,871	8,922,082	28 April 1995[23]	1 December 1997[24][25][Note 3]
Belgium	30,528	11,611,419	14 June 1985[26]	26 March 1995[27]
Croatia	56,594	4,060,135	9 December 2011[28]	1 January 2023[29][30][Note 4]
Czech Republic	78,866	10,510,751	16 April 2003[31]	21 December 2007[32][Note 5]
Denmark (excluding  Greenland and the  Faroe Islands, but see [Note 6])	43,094	5,854,240	19 December 1996[38]	25 March 2001[39]
Estonia	45,338	1,328,701	16 April 2003[31]	21 December 2007[32][Note 5]
Finland	338,145	5,535,992	19 December 1996[40]	25 March 2001[39]
France (excluding overseas departments and collectivities)[Note 7]	551,695	64,531,444	14 June 1985[26]	26 March 1995[27]
Germany[Note 8] (previously excluding Büsingen am Hochrhein)[42]	357,022	83,408,554	14 June 1985[26]	26 March 1995[27]
Greece[Note 9][Note 10]	131,990	10,445,365	6 November 1992[46]	1 January 2000[47][Note 11]
Hungary	93,030	9,709,786	16 April 2003[31]	21 December 2007[32][Note 5]
Iceland[Note 12]	103,000	370,335	19 December 1996[48] 18 May 1999[49][Note 13]	25 March 2001[39]
Italy	301,318	59,240,329	27 November 1990[51]	26 October 1997[25][52][Note 14]
Latvia	64,589	1,873,919	16 April 2003[31]	21 December 2007[32][Note 5]
Liechtenstein[Note 12]	160	39,039	28 February 2008[53]	19 December 2011[54]
Lithuania	65,300	2,786,651	16 April 2003[31]	21 December 2007[32][Note 5]
Luxembourg	2,586	639,321	14 June 1985[26]	26 March 1995[27]
Malta	316	526,748	16 April 2003[31]	21 December 2007[32][Note 5]
Netherlands (excluding Aruba, Curaçao, Sint Maarten and the Caribbean Netherlands)	41,526	17,501,696	14 June 1985[26]	26 March 1995[27]
Norway[Note 12] (excluding Svalbard)[55]	385,155	5,403,021	19 December 1996[48] 18 May 1999[49][Note 13]	25 March 2001[39]
Poland	312,683	38,307,726	16 April 2003[31]	21 December 2007[32][Note 5]
Portugal	92,391	10,290,103	25 June 1991[56]	26 March 1995[27]
Slovakia	49,037	5,447,622	16 April 2003[31]	21 December 2007[32][Note 5]
Slovenia	20,273	2,119,410	16 April 2003[31]	21 December 2007[32][Note 5]
Spain (with special provisions for Ceuta and Melilla)[Note 15]	505,990	47,486,935	25 June 1991[58][59]	26 March 1995[27]
Sweden	449,964	10,467,097	19 December 1996[60]	25 March 2001[39]
Switzerland[Note 12] (with Büsingen am Hochrhein)	41,285	8,691,406	26 October 2004[61]	12 December 2008[62][Note 16]
Schengen Area	4,189,111	417,597,460	14 June 1985[26]	26 March 1995[27]

States which are not members of the Schengen Area but still have open borders with the area

State	Area (km2)	Population[21][22] (2021)
Monaco	2.02	36,686
San Marino	61.2	33,745
Vatican City	0.49	511

Notes

1. ↑ The original agreement, a subsequent protocol extending the agreement to the state, an agreement on accession to the EU, or agreement on association with the Schengen acquis.
2. ↑ Of the provisions related to the elimination of border controls. In some cases the provisions related to the Schengen Information System were applied earlier.
3. ↑ The elimination of border controls took place from 1 December 1997 to 31 March 1998.^[24]
4. ↑ For land and sea borders, 26 March 2023 for airports
5. 1 2 3 4 5 6 7 8 9 For overland borders and seaports; since 30 March 2008 also for airports.^[32][33]
6. ↑ Greenland and the Faroe Islands are not included in the Schengen Area. However, persons travelling between the Faroe Islands, Greenland and the Schengen Area are not subject to border checks.^[34] The list of countries whose citizens require a visa for Greenland or the Faroe Islands is the same as for the Schengen Area,^[35][36] but a Schengen visa will not allow the holder access to either territory, only a Danish visa stamped with either "Valid for the Faroe Islands" or "Valid for Greenland", or both.^[37]
7. ↑ The overseas departments and collectivities of France are not part of the Schengen Area. However, when travelling by air from metropolitan France directly to French Guiana, Guadeloupe, Martinique, Mayotte, Réunion and Saint Pierre and Miquelon, border checks by the French Border Police only take place at the departure airport, not at the arrival airport (where passengers walk past the passport control booths, which will be unstaffed). This arrangement does not, however, apply to direct flights from other Schengen member states, such as the Frankfurt-Martinique flight by Condor. On the other hand, passengers flying from French Guiana, Guadeloupe, Martinique, Mayotte, Réunion and Saint Pierre and Miquelon directly to metropolitan France have to undergo border checks by the French Border Police both on departure and on arrival (an arrangement known as 'double contrôle').^[41]
8. ↑ East Germany became part of the Federal Republic of Germany, joining Schengen, on 3 October 1990.
9. ↑ According to a legally non-binding declaration attached to the Greek accession agreement to the Schengen convention,^[43] the special status^[44] according to the Greek constitution^[45] of Mount Athos, has to be taken into account in the application and subsequent preparation of the Schengen acquis.
10. ↑ Currently Greece does not have internal land border within Schengen space. All internal border crossings are at the airports or at maritime ports
11. ↑ The elimination of border controls took place from 1 January 2000 to 26 March 2000.^[47]
12. 1 2 3 4 EFTA state, which is outside the EU, that is associated with the Schengen activities of the EU,^[13] and where the Schengen rules apply.
13. 1 2 A second agreement, which replaced the first, was signed with Iceland and Norway following the incorporation of the Schengen Agreement into EU law with the Treaty of Amsterdam of 1997.^[50]
14. ↑ The elimination of border controls took place from 26 October 1997 to 31 March 1998.^[52]
15. ↑ The full Schengen acquis applies to all Spanish territories, but there are border checks on departure from Ceuta and Melilla to Peninsular Spain or other Schengen countries, because of specific arrangements for visa exemptions for Moroccan nationals resident in the provinces of Tetuan and Nador.^[57]
16. ↑ For overland borders and seaports; since 29 March 2009 also for airports.^[62]

Acceding members

Bulgaria and Romania are acceding members, with air and maritime controls between the two countries and the rest of the Schengen area to be lifted on 31 March 2024.^[18][19] Currently, the only land borders with controls (not counting temporary ones) between EU/EEA members, are those dividing Bulgaria and Romania from each other and from the rest of the EU.^[20]

Summary table

State/territory	Area (km2)	Population (2021)[21][22]	EU accession [Note 1]	Accession date for air and sea borders [86]	Target date for land borders [Note 2]	Obstacles
Bulgaria	110,994	6,885,868	1 January 2007[87]	31 March, 2024 [88]	2024 or 2025 [89]	No consensus in the Council of the European Union for Justice and Home Affairs that the country should join the Schengen Area, despite fulfilling the formal accession criteria, due to the CVM reports "showing inadequacies in coming up to the EU's standards for the fight against organised crime and corruption". On 8 December 2022, the council voted unanimously in favour of Croatia joining but Austria and the Netherlands voted against Romania and Bulgaria joining due to the inflow of illegal migrants and Bulgaria being joined to Romania in the accession process.[90][91][92] On 30 December 2023, an agreement was reached for Bulgaria and Romania to join the Schengen Area for air and sea travel in March 2024, with land borders to be discussed later that year.[18]
Romania	238,391	19,328,560	1 January 2007[87]	31 March, 2024 [93]	2024 or 2025 [94]	No consensus in the Council of the European Union for Justice and Home Affairs that the country should join the Schengen Area, despite fulfilling the formal accession criteria. In June 2021, Romanian PM Florin Cîțu identified a "discussion about the CVM report" as an obstacle.[95] On 8 December 2022, the council voted unanimously in favour of Croatia joining but Austria and the Netherlands voted against Romania and Bulgaria joining due to the inflow of illegal migrants and Bulgaria being joined to Romania in the accession process.[90][74] On 30 December 2023, an agreement was reached for Bulgaria and Romania to join the Schengen Area for air and sea travel in March 2024, with land borders to be discussed later that year.[18]

Prospective members

A clickable Euler diagram^[file] showing the relationships between various multinational European organisations and agreements

The procedure to enter the Schengen Area is that European Commission evaluates certain criteria. These criteria include border control legislation, infrastructure and organisation, personal data protection, visas, deportations, police cooperation and more.^[96] After a positive evaluation the Schengen members of the Council of the European Union decides unanimously together with the European Parliament to accept the new member.

Gibraltar

See also: Effect of Brexit on Gibraltar

The Gibraltar/Spain border in 2004 with the Rock of Gibraltar in the background

As a result of Brexit, Gibraltar ceased to be part of the European Union on 31 January 2020, although for most purposes it was treated as part of it during the transition phase until 31 December 2020. Like the United Kingdom, it had not been part of the Schengen Area but, unlike the United Kingdom, Gibraltar had also been outside of the EU customs union.^[102] Owing to a declaration lodged by the United Kingdom with the EEC in 1982, in view of the entry into force of the British Nationality Act 1981, Gibraltarians had been counted as British nationals for the purposes of Community law, and as such they had enjoyed full free movement within the European Economic Area and Switzerland.^[103] During the Brexit transition period until 31 December 2020, Gibraltar was still for most purposes treated as an EU territory.

On 31 December 2020, the governments of Spain and of the United Kingdom (advised by the Government of Gibraltar) came to an agreement in principle on a framework for a UK-EU treaty on aspects of Gibraltar's future relationship with the European Union.^[104] Both Spain and the Head of the UK Mission to the European Union subsequently indicated with the European Commission their desire that such an agreement be negotiated and that the EU should seek a mandate for that purpose.^[105]

Chief Minister of Gibraltar Fabian Picardo stated that he anticipates that the arrangement, which will apply for an initial period of four years, will make Gibraltar's port and airport entry points to the Schengen Area. These entry points will be managed by a Frontex operation. Spain, as the neighbouring Schengen member state, will be responsible as regards the European Union for the implementation of the Schengen acquis. Residents of Gibraltar, regardless of their nationality, are anticipated to enjoy maximised and unrestricted mobility to the Schengen Area.^[106][105] UK citizens who are not residents of Gibraltar will be subjected to third-country national checks when they enter Gibraltar through the Gibraltar port or airport.^[107] It is anticipated that the third-country national check will entail two controls, one by Gibraltar's Borders and Coastguard Agency, giving entry into Gibraltar, and one by Frontex, giving entry into the Schengen Area. Picardo likened this arrangement to the juxtaposed controls at Eurostar stations, although he admitted the situation there is slightly different.^[108]

On 31 December 2020, Spain's foreign minister, Arancha González Laya said that she anticipated that it would take about six months to negotiate and conclude a treaty but that in the meantime Spain would work to ensure that mobility at the border would be "as fluid as possible".^[104]

Apart from the unrestricted mobility of persons, the negotiations will also seek to address maximised and unrestricted mobility of goods between Gibraltar and the European Union, and consider matters related to the environment, the level playing field, social security coordination, citizens’ rights, data, and matters related to continued document recognition.^[105]

On 6 October 2021, the EU agreed to open formal negotiations with UK anticipating an agreement on Gibraltar, and negotiations started soon after.^[109] They were ongoing as of February 2022, hopes were they would finish during spring 2022.^[110] As of December 2022, negotiations were continuing,^[111] but appeared to be deadlocked over policing of passport control at Gibraltar airport.^[112]

Summary table

State/territory	Area (km2)	Population (2021)[21][22]	EU accession [Note 3]	Target date [Note 4]	Obstacles
Cyprus	9,251	1,244,188	1 May 2004[31]	2024[113][114]	Cease Fire line, caused by Cyprus conflict.[115]
Gibraltar (United Kingdom)	6.8[lower-alpha 2]	32,669	n/a[Note 5]	No date set	See also: Effect of Brexit on Gibraltar § Post-Brexit treaty negotiations EU and UK to negotiate a treaty or other arrangement for application in Gibraltar, based on the agreement reached between the UK and Spain on 31 December 2020.[117][118] Gibraltar is not a sovereign state, so in international law the UK acts on behalf of Gibraltar.

Notes

1. ↑ Agreement on accession to the EU
2. ↑ Desired timeline of joining state for Council decision
3. ↑ Agreement on accession to the EU
4. ↑ Desired timeline of joining state for Council decision
5. ↑ Application of Schengen rules in Gibraltar is not to be conditional on joining the EU. The UK (and thus Gibraltar) was a member of the EU (but not Schengen) from 1 January 1973 to 31 January 2020.

Territories of Schengen states outside the Area

There are territories of Schengen member states that are exempted from the Schengen Agreement. The only areas of Schengen member states located in Europe but excluded are the Faroe Islands and Svalbard.

EU member states and former EU member states with opt-outs

  EU member states participating

  EU member states not participating but obliged to join

  EU member state with an opt-out

  non-EU member states participating

  non-EU member states de facto participating

  non-EU member states with an open border

When EU states were negotiating subsuming the Schengen Agreement into the EU by the Treaty of Amsterdam, Ireland and the United Kingdom were the only member states that had not signed the Agreement. The UK did not want to join and Ireland wished to maintain its Common Travel Area with the United Kingdom and associated islands, an arrangement that would be incompatible with Schengen membership while the UK remained out. As a result, both negotiated an opt-out from the part of the treaty which was to incorporate the Schengen rules (or acquis) into EU Law when it came into effect on 1 May 1999.^[128] Under the relevant protocol, either may request to participate in aspects of the Schengen acquis but this is subject to the approval of the Schengen states.^[129]

On 31 January 2020, the United Kingdom withdrew from the European Union and the protocol ceased to apply to it. Ireland will continue to operate the Common Travel Area and not join the Schengen Area for the foreseeable future, because it wants to keep open its land border with the UK.^[130]

In 1999, the UK formally requested participation in certain provisions of the Schengen acquis – Title III relating to Police Security and Judicial Cooperation, and this request was approved by the Council of the European Union on 29 May 2000.^[131] 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.^[132] Although the United Kingdom was not part of the Schengen passport-free area,^[133] it still used the Schengen Information System, a governmental database used by European countries to store and disseminate information on individuals and property. This allowed the UK to exchange information with countries that are a part of the Schengen agreement, often for the sake of liaising over law enforcement.^[134] In 2020, the UK declared its intent to withdraw from these arrangements at the end of its transition period, and did so on 31 December 2020.

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,^[135] that decision took nearly eighteen years to be put into effect. In February 2010 the Irish Minister for Justice, in response to a parliamentary question, said that: "The measures which will enable Ireland to meet its Schengen requirements are currently being progressed".^[136] Ireland joined the law enforcement aspect of SIS II on 1 January 2021 with plans to have "full operational capacity" two months later.^[137][138]

Status of the European microstates

The border checkpoint in La Farga de Moles on the Andorra–Spain border

Three European microstates—Monaco, San Marino and the Vatican City—are officially not part of Schengen, but are considered de facto within the Schengen Area, as they have open borders and do not have border controls with the Schengen countries that surround them. Some national laws have the text "countries against which border control is not performed based on the Schengen Agreement and the 562/2006 EU regulation",^[139] which then includes the microstates and other non-EU areas with open borders. The three microstates cannot issue Schengen visas and with the exception of Monaco, are not formally part of the Schengen Area.

As of 2015, Andorra, Monaco and San Marino were negotiating an Association Agreement with the EU.

Andorra is landlocked and does not have an airport or seaport, but there are several heliports. Visitors to the country can only gain access by road or helicopter through Schengen members France or Spain. Andorra maintains border controls with both France and Spain. There are border controls in the other direction also, but these are more focused on customs control (Andorra has considerably lower taxes than its neighbours, with for example a standard VAT rate of just 4.5%). Andorra does not have any visa requirements. Citizens of EU countries need either a national identity card or passport to enter Andorra, while anyone else requires a passport or equivalent. Schengen visas are accepted,^[140] but those travellers who need a visa to enter the Schengen Area need a multiple-entry visa to visit Andorra, because entering Andorra means leaving the Schengen Area,^[141] and re-entering France or Spain is considered a new entry into the Schengen Area. Andorran citizens do not receive a passport stamp when they enter and leave the Schengen Area.^[142] Andorra's ambassador to Spain, Jaume Gaytán, has said that he hopes that the agreement will include provisions to make the states associate members of the Schengen Agreement.^[143]

Liechtenstein is landlocked and does not have an international airport. It has been a member of the Schengen Area since 2011. It does not have a border check at Balzers heliport, as flights to and from Balzers must be to or from the Schengen Area. Liechtenstein does not issue visas and as such recommends visitors apply for a visa in another Schengen country, e.g. Switzerland.^[144]

Monaco has an open border with France. Schengen laws are administered as if it were part of the EU as a result of bilateral agreements with France, and Schengen visas are accepted. Both French and Monégasque authorities carry out checks at Monaco's seaport and heliport.

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

The Vatican City has an open border with Italy. However, there is no customs union between Italy and Vatican City, hence vehicles may be subject to checks at the border. Typical border controls would not be suitable in Vatican City, due to its small size, high number of pedestrian visitors, and unique position as an enclave within Rome. In 2006, the Vatican City showed interest in joining the Schengen agreement for closer cooperation in information sharing and similar activities covered by the Schengen Information System.^[145]

Internal checks

Although EU and EFTA nationals travelling within the Schengen Area are not required to show passports, national identity cards or other identity documents at an internal border, the laws of most countries still require them to carry national identity documents and to produce them to an authorised person on request.^[152] Different rules apply to other nationals.^[152] It is the obligation of everyone travelling within the area to be able to show a fully valid form of personal identification accepted by other Schengen states, typically one issued by the state.^[153][154]

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.^[155] The Schengen rules do not require any other procedures; thus, the Schengen states are free to regulate further details on the content of the registration forms, and identity documents which are to be produced, and may also require the persons exempted from registration by Schengen laws to be registered. Enforcement of these rules varies by country.

The Schengen regulation on crossing internal borders^[156] describes the checks for foreigners done by the police at suitable places inside each country.

Internal controls

The European Union constitutes a customs union and a Value Added Tax area. However, not all Schengen states or all of the territory of Schengen states are part of the customs union or VAT area. Some countries therefore legally conduct customs controls targeted at illegal goods, such as drugs.

Security checks can legally be carried out at ports and airports. Also police checks can be conducted if they:^[157]

• do not have border control as an objective;
• are based on general police information and experience regarding possible threats to public security and aim, in particular, to combat cross-border crime;
• are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders;
• are carried out on the basis of spot-checks.

Air travel

Schengen arrival gate at the Rīga Airport (RIX)

For flights within the Schengen Area (either between Schengen member states or within the same Schengen member state), law enforcement agencies, airport authorities and air carriers are only permitted to carry out security checks on passengers and may not carry out border checks.^[158][159] Such security checks can be conducted through the verification of the passenger's passport or national identity card:^[160][161] such a practice must only be used to verify the passenger's identity (for commercial or transport security reasons) and not his or her immigration status.^[159] For this reason, law enforcement agencies, airport authorities and air carriers cannot require air passengers flying within the Schengen Area who are third-country nationals to prove the legality of their stay by showing a valid visa or residence permit.^[159] In addition, according to European Commission guidelines, identity checks on air passengers flying within the Schengen Area should take place only either at check-in, or upon entry to the secured zone of the airport, or at the boarding gate: passengers should not be required to undergo a verification of their identity on more than one occasion before their flight within the Schengen Area.^[159] Notwithstanding those principles, the identity checks function as practical border controls and they affect illegal immigrants who arrive in Greece (which currently has no land border to another Schengen country) and want to go to some other Schengen country.^[162][163] The requirements as to which identity document to possess varies by country and airline. Normally a passport or EU national identity card is needed.

Travellers boarding flights between Schengen countries, but originating from a third country outside the area, are required to go through Schengen entry border checks upon arrival in the Schengen Area. This is because the route originates outside the Schengen Area and the authorities at the final destination would have no way of differentiating between arriving passengers who boarded at the origin and those who joined in the middle. Additionally, travellers are required to process through Schengen exit border checks upon departure.

Temporary border controls

Temporary border controls conducted by the Danish Police in Kruså at the internal border with Germany

A Schengen member state is permitted to reinstate border controls with another Schengen member state for a short period where there is a serious threat to that state's "public policy or internal security" or when the "control of an external border is no longer ensured due to exceptional circumstances".^[164] When such risks arise out of foreseeable events, the state in question must notify the European Commission in advance and consult with other Schengen states.^[165]

The introduction of temporary controls at internal borders is a prerogative of the member states. Although the European Commission may issue an opinion about the necessity and proportionality of introducing temporary controls at internal borders, it cannot veto or override such a decision if it is taken by a member state.^[166]

In April 2010, Malta introduced temporary checks due to Pope Benedict XVI's visit.^[167] It reimposed checks in 2015 in the weeks surrounding the Commonwealth Heads of Government Meeting.

Estonia introduced temporary checks in September 2014 due to the visit of US President Barack Obama.^[168]

In response to the European migrant crisis in 2015, several Schengen countries set up border controls.

In November 2017, Germany introduced temporary checks on flights arriving from Greece.^{[169][170][171]} Between November 2017 and February 2018, of the 280,000 passengers on flights from Greece who were checked on arrival in Germany, 270 were denied entry into Germany.^[172] On 12 May 2018, Germany ended the temporary checks on incoming flights from Greece.^[173]

In 2019, Denmark set up border controls with Sweden due to serious attacks by Swedish citizens.^[174] The controls were scheduled to be in force for six months.^[175]

In response to the COVID-19 pandemic in 2020, almost all Schengen countries set up border controls. Several of these controls blocked citizens of EU/Schengen countries from entering, only allowed citizens or residents of the country to enter, plus prioritised traffic like food transport.^[176] On 27 March 2020, the European Commission published 'Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak', stating that member states should allow cross-border workers 'unhindered access' and 'ensure a smooth passage' across the internal Schengen borders if they exercise a 'critical occupation' (such as health professionals, care workers, scientists in health-related fields, workers in the pharmaceutical and medical services/food/transportation/essential infrastructure industries, engineers, Information and Communications Technology professionals, firefighters/police officers/prison officers/security guards, fishermen and public servants). Further, any health screening for cross-border workers must be carried out under the same conditions as the member state's own nationals exercising the same occupations.^[177]

Internal border controls reimposed since 2011

The yellow and green-coloured countries indicate Schengen members. The green lines indicate internal Schengen land borders without border controls, the yellow lines indicate internal Schengen land borders with ongoing temporary border controls and the red lines indicate the external Schengen land borders with or without full border controls.

The table below lists ongoing internal border controls, according to the information that the member states have provided to the European Commission.^[178][179] Health checks at the borders are not legally considered to be border controls.^[180]

Member state	Internal borders currently concerned	Reasons	First day	Last day (currently planned)
Austria	Land borders with Slovakia	European migrant crisis, pressure on the asylum reception system, high migratory pressure at the EU’s external border to Türkiye and the Western Balkans, threat of arms trafficking and criminal networks due to the war in Ukraine, human smuggling	23 November 2023	3 February 2024
Denmark	Land border and ferry connections with Germany	European migrant crisis, Islamist terrorist threat, organised crime, smuggling, 2022 invasion of Ukraine, irregular migration along the Central Mediterranean route	12 November 2023	11 May 2024
France	Internal borders with Belgium, Luxembourg, Germany, Switzerland, Italy and Spain	Terrorism, European migrant crisis, 2022 invasion of Ukraine, increase in irregular entry flows at the external borders	1 November 2023	30 April 2024
Germany	Land border with Austria	European migrant crisis, increase in irregular migration from Turkey through the Western Balkans, strain on the asylum reception system, human smuggling	12 November 2023	11 May 2024
Norway	Ports with ferry connections to the Schengen area	2022 invasion of Ukraine, threat to critical on-shore and off-shore infrastructures	12 November 2023	11 May 2024
Sweden	All internal borders	European migrant crisis, Islamist terrorist threat	12 November 2023	11 May 2024

Coronavirus response in 2020

See also: Travel restrictions related to the COVID-19 pandemic § Europe

Roadblocks and police vehicles at the temporarily closed Germany-Poland border in Lubieszyn on 15 March 2020 during the COVID-19 pandemic

Although some European politicians did call for Europe's internal borders to be temporarily closed,^[188] the European Union decided in late February 2020 to turn down the idea of suspending the Schengen free travel area and introducing border controls with Italy.^{[189][190][191][192][193][194]} The deputy leader of the Swiss Ticino League, Lorenzo Quadri, criticised the decision: "It is alarming that the dogma of wide-open borders is considered a priority."^[195] United States President Donald Trump said the European Union had "failed to take the same precautions and restrict travel from China and other hot spots" as the U.S. had implemented.^[196]

Czech Prime Minister Andrej Babiš stated in early March that "European countries cannot ban the entry of Italian citizens within the Schengen Area. The only possible way is to have the Italian prime minister call on his fellow citizens to refrain from travelling to other countries of the European Union."^[197]

After Slovakia, Denmark, the Czech Republic and Poland in mid-March announced complete closure of their national borders, European Commission President Ursula von der Leyen said that "Certain controls may be justified, but general travel bans are not seen as being the most effective by the World Health Organization. Moreover, they have a strong social and economic impact, they disrupt people's lives and business across the borders."^[198] Von der Leyen also apologised to Italy, amidst widespread discontent among Italians for the lack of solidarity shown by Europe.^[199] By the end of March 2020, almost all internal Schengen borders had been closed to non-essential travel. By July 2020, most borders that were closed due to the coronavirus had been reopened.

Temporary restriction on the entry of persons without the right of free movement for non-essential travel

In view of the COVID-19 pandemic, on 16 March 2020 the European Commission issued a recommendation to all EU and Schengen member states to introduce a temporary restriction on the entry of third-country nationals (i.e. travellers who are not EEA/Swiss citizens and family members with the right of free movement) to the Schengen Area for non-essential travel for an initial period of 30 days (with the possible prolongation of this period to be assessed based on further developments). However, third-country nationals who are holders of long-term visas or residence permits or are family members of EEA/Swiss citizens are exempt from this restriction. Further, third-country nationals 'with an essential function or need' (such as healthcare workers, transport personnel, aid workers, military personnel, seasonal agricultural workers), passengers in transit, those travelling 'for imperative family reasons' and those 'in need of international protection or for other humanitarian reasons' are exempt from this restriction. Nevertheless, the European Commission re-iterated that 'coordinated and reinforced health checks' should be carried out on all travellers who are permitted to enter the EU and Schengen Area.^[202] All EU (except Ireland) and Schengen member states are now applying this travel restriction.^[203]

Further, on 30 March 2020, the European Commission published 'Guidance on the implementation of the temporary restriction on non-essential travel to the EU, on the facilitation of transit arrangements for the repatriation of EU citizens, and on the effects on visa policy' in order to provide 'advice and practical instructions'. The Guidance states that member states are permitted to take measures (such as requiring non-nationals to undergo a period of self-isolation if arriving from a territory affected by COVID-19), provided that the same requirements is imposed on its own nationals. The Guidance also clarifies that citizens of the European micro-states (Andorra, the Holy See, Monaco and San Marino) are exempt from the temporary restriction on the entry of third-country nationals to the European Union and the Schengen Area for non-essential travel. In addition, citizens of Serbia, North Macedonia, Montenegro and Turkey should be permitted entry to the European Union and the Schengen Area if they are stranded abroad in order to facilitate repatriation to their country of origin. Third-country nationals (not covered by one of the exemptions from the temporary restriction of entry for non-essential reasons) who seek to enter the Schengen Area will be refused entry at the external border crossing point and will receive a refusal of entry form (with the reason of refusal marked as "I" (i.e. a threat to public health)), as well a passport stamp cancelled by an indelible cross in black ink and the letter "I" on the right hand side.^[204]

Some EU and Schengen member states have gone further than the European Commission recommendation and have restricted the entry of EEA/Swiss citizens to their respective territories for non-essential travel. For example, on 4 April 2020, French Border Police refused entry to a group of EU and British citizens who arrived in Marseille Provence Airport on a private jet from the UK, with the intention of staying in a holiday villa in Cannes.^[205][206]

On 8 April 2020, the European Commission invited EU and Schengen member states to extend the restriction on the entry of third-country nationals for non-essential travel for a further period of 30 days until 15 May 2020.^[207] On 8 May 2020, the European Commission again invited member states to extend the restriction for another 30 days until 15 June 2020.^[208] On 11 June 2020, the European Commission recommended member states to prolong the restriction on the entry of third-country nationals for non-essential travel until 30 June 2020.^[209]

Border checks

Border checkpoint for vehicles operated by the Finnish Border Guard in Nuijamaa at the external border with Russia. The lane on the far right is for EEA (including EU) and Swiss citizens only, whereas the other lanes are for all travellers.

All persons crossing external borders—inbound or outbound—are subject to a check by a border guard. The only exception is for regular cross-border commuters (both those with the right of free movement and third-country nationals) who are well known to the border guards: once an initial check has shown that there is no alert on record relating to them in the Schengen Information System or national databases, they can only be subject to occasional 'random' checks, rather than systematic checks every time they cross the border.^{[210][211][212]}

Previously, EEA and Swiss citizens, as well as their family members enjoying the right of free movement, were subject only to a 'minimum check' when crossing external borders. This meant that their travel document was subject only to a 'rapid' and 'straightforward' visual inspection and an optional check against databases for lost/stolen travel documents. Consultation of the Schengen Information System and other national databases to ensure that the traveller did not represent a security, public policy or health threat was only permitted on a strictly 'non-systematic' basis where such a threat was 'genuine', 'present' and 'sufficiently serious'.^[213] In contrast, other travellers were subject to a 'thorough check'.^[214]

However, in light of the November 2015 terrorist attacks in Paris, at a meeting of the Council of the European Union on 20 November 2015, interior ministers from the Member States decided to 'implement immediately the necessary systematic and coordinated checks at external borders, including on individuals enjoying the right of free movement'.^[215] Amendments were made to the Schengen Border Code to introduce systematic checks of the travel documents of EEA and Swiss citizens, as well as their family members enjoying the right of free movement, against relevant databases when crossing external borders.^[216] The new regime came into force on 7 April 2017.

Where carrying out systematic checks against databases would have a disproportionate impact on the flow of traffic at an external border, such checks may be relaxed if, on the basis of a risk assessment, it is determined that it would not lead to a security risk.^[216][201]

In 'exceptional' and 'unforeseen' circumstances where waiting times become excessive, external border checks can be relaxed on a temporary basis.^[217][218]

Border guards carry out the following procedures when checking travellers who cross external borders:^[216][201]

Border control booths in the departures hall at Oulu Airport in Finland, which will be staffed by the Finnish Border Guard when a flight is operated to a destination outside the Schengen Area. Either the 'EU/EEA/Swiss citizens' or 'All passports' sign above the booths can be illuminated.

EasyPASS self-service gates which eligible travellers can use to clear border control at Munich Airport, Germany

Fencing on the Vistula Spit marking the external border between Poland and Russia

Barrier at the external border between Lithuania and Belarus (the border marker is visible behind the fence)

Mounted Hungarian police officers patrolling the external border between Hungary and Serbia

As shown by the table above, because many procedures are optional, border guards have discretion in deciding how rigorously they check travellers at external border crossing points. As a result, the length of time taken to perform checks differs between Schengen countries. Under the previous regime (whereby those with the right to freedom of movement were subject only to a 'minimum check'), an entry check for an EEA or Swiss citizen took around five seconds on average in Italy, whilst in Norway, on average it took around 1 minute.^[225] The disparities in checks on third-country nationals (who are subject to a more thorough check) are even greater. For example, an entry check for an Annex II national takes around 15 seconds on average in Greece, whilst it takes three to five minutes on average in Slovakia.^[224][226] Similarly, an entry check for an Annex I national on average lasts around 30–60 seconds in the Netherlands, whilst in Latvia, it lasts around two to five minutes on average.^[224]

After the new regime came into force on 7 April 2017, significantly longer waiting times were reported at numerous external border crossing points, especially as it was just before the Easter holiday. Travellers entering Slovenia from Croatia (which was not yet part of the Schengen Area) had to wait several hours as Slovenian border guards systematically checked the travel documents of all travellers (including those with the right of free movement) against relevant databases.^[231] The Prime Minister of Slovenia, Miro Cerar, acknowledged that the situation was 'unacceptable'. In order to alleviate the long queues, the systematic checking of travel documents of those with the right of free movement against relevant databases was temporarily suspended from the evening of Friday 7 April 2017 until the end of the weekend.^[232][233] However, the following weekend, long queues re-appeared.^[234] The Prime Minister of Croatia, Andrej Plenković, criticised the situation, calling it 'unsustainable', and expressed concern about the impact on tourism (which accounts for 18% of Croatia's GDP). The President of Croatia, Kolinda Grabar-Kitarović, sent a formal letter to the European Commission to voice her concern about the effect of the new regime on border checks.^[235] At a meeting held on 29 April 2017, the President of the European Commission, Jean-Claude Juncker, Cerar and Plenković agreed that, moving forward, the systematic checking of the travel documents of those with the right of free movement against relevant databases would be suspended at land border crossing points between Croatia and Slovenia if the waiting time exceeds 15 minutes (with 'targeted checks' being carried out instead).^[236] Long queues were also reported at external border crossing points in Greece, where the leadership of the Hellenic Police (which is responsible for border checks) decided to suspend, for a period of 6 months, the systematic checking of travel documents of those with the right of free movement against relevant databases (with the exception of the Kipoi land border crossing point with Turkey, due to security concerns). Greece was particularly affected by the implementation of the new regime as Greek identity cards were not machine-readable at that time, which meant that border guards had to enter the holder's information manually into the computer system to check the relevant databases if a Greek citizen presented an identity card instead of a passport.^[237] Similarly, long waiting times were reported at external border crossing points in France^[238] and Spain.^[239][240] Finland, Hungary and Italy also issued notifications suspending systematic checks at some external border crossing points.^[241] In July 2017, Greece submitted a request to suspend the systematic checking of travel documents of those with the right of free movement against relevant databases for a further period of 18 months, due to 'infrastructure shortcomings and increased traffic at 12 airports across the country'.^[242]

When carrying out checks at external borders, border guards are, by law, required to respect the dignity of travellers (particularly in cases involving vulnerable persons)^[243] and are forbidden from discriminating against persons based on their sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.^[244]

External border controls are located at roads crossing a border, at airports, at seaports and on board trains.^[245] Usually, there is no fence along the land border, but there are exceptions like the Ceuta border fence, and some places at the eastern border.^[246] However, surveillance camera systems, some equipped with infrared technology, are located at some more critical spots, for example at the border between Slovakia and Ukraine, where at some points there is a camera every 186 metres (203 yards).^[247]

All travellers entering and leaving the Schengen Area by general aviation or on a pleasure boat have to make their first point of entry/final point of departure in an airport/aerodrome or a seaport that is designated as an external border crossing point. By way of derogation, travellers on board a pleasure boat are permitted to make their first port of call at a port that is not designated as an external border crossing point if they notify the port authorities and obtain authorisation from the border guards.^[248] In practice, however, this is a loophole hard to check, and large-scale drug smuggling using private boats has been uncovered. Along the southern coast of the Schengen countries in the Mediterranean, coast guards make a substantial effort to prevent private boats from entering without permission.

At many external border crossing points, there are special lanes for EEA and Swiss citizens (as well as their family members) and other lanes for all travellers regardless of nationality.^[249] At some external border crossing points, there is a third type of lane for travellers who are Annex II nationals (i.e. non-EEA/Swiss citizens who are exempt from the visa requirement).^[250] Although Andorran and Sammarinese citizens are not EEA citizens, they are nonetheless able to use the special lanes designated for EEA and Swiss citizens.^[251] Since 1 January 2021, British citizens are no longer permitted to use the EEA/Swiss lanes.

Some external border crossing points can only be used by certain travellers. For example, the border checkpoint in Veľké Slemence, Slovakia (on the border with Ukraine) can only be crossed by pedestrians or cyclists who are EEA, Swiss or Ukrainian citizens.^[252] The border checkpoint in Ramoniškiai, Lithuania (on the border with Russia) can only be crossed by residents of Lithuania and Russia; all other travellers (including EEA and Swiss citizens not resident in Lithuania/Russia) cannot use this border checkpoint.^[253] Similarly, the border checkpoint of Pededze-Brunishevo, Latvia (on the border with Russia) is only open to Latvian and Russian citizens.^[254] The Narva 2 and Saatse border crossing points in Estonia (on the border with Russia) can only be used by residents of Estonia and Russia.^[255] The border checkpoint in Połowce-Pieszczatka, Poland (on the border with Belarus) can only be crossed by Polish and Belarusian nationals.^[256] In 2016, as a temporary measure for 180 days, the two northernmost border checkpoints of Raja-Jooseppi and Salla on the Finland–Russia border could only be crossed by Finnish, Russian and Belarusian citizens (as well as their family members); all other nationals, including non-Finnish EEA and Swiss citizens, were not permitted to use these border checkpoints.^[257] Further, the border crossing points of Haapovaara, Inari, Karttimo, Kurvinen, Leminaho and Parikkala (as well as the railway crossing point of Imatra) are only open to Finnish and Russian citizens.^[258]

The additional obligations imposed by European law on national border authorities when it comes to processing travellers who are third-country nationals (e.g. the obligation to stamp their travel documents) should not prevent the development of automated border control systems which are made available to such travellers. As shown by the examples listed above of automated border control systems which have been developed at external border crossing points of the Schengen Area, national border authorities have been able to adapt the design of their automated border control systems to allow third-country nationals to make use of them. One solution is to have a border guard physically positioned next to the automated border gates who can stamp travel documents where required: this approach has been adopted by the Finnish Border Guard at the automated border gates in Helsinki Airport, where eligible users (who are required to receive a passport stamp) include holders of Australian, Canadian, Japanese, New Zealand, South Korean and United States biometric passports,^{[259][260][261]} and in the Port of Helsinki, where eligible users (who are required to receive a passport stamp) include Russian citizens, who are required to scan both the biodata page and the visa inside their passport, then to step into the gate for a facial image and fingerprint recognition, and after the gate opens to approach a border officer to have their passport stamped.^[260] The Portuguese Serviço de Estrangeiros e Fronteiras has also adopted the practice of positioning a border guard for stamping next to the automated border gates in Lisbon Airport where eligible users (who are required to receive a passport stamp) include holders of Angolan and Brazilian passports and holders of diplomatic/service passports. This approach has also been adopted in Italy, where eligible users of eGates include holders of Australian, Canadian, Israeli, Japanese, New Zealand, Singaporean, South Korean, United States and Vatican biometric passports. A similar but slightly different solution has been adopted by the Dutch Royal Marechaussee at the Privium iris recognition automated border gates at Amsterdam Airport Schiphol (where eligible users include registered EU/EEA/Swiss citizens, US citizens who are Global Entry members, and all nationals who are holders of diplomatic passports), as well as by the German Federal Police at the ABG Plus iris recognition automated border gates at Frankfurt Airport (where eligible users include registered EU/EEA/Swiss citizens and US citizens who are Global Entry members: when eligible third-country nationals use Privium/ABG Plus, after their iris is scanned and verified, a different gate/door/turnstile opens to that for EU/EEA/Swiss citizens and the third-country national user is directed to a lane which leads them to the front of the queue for manual passport checks at immigration desks, where the border guard stamps the user's passport. Another possible solution would be to design the automated border gates to print a paper slip with an entry or exit stamp on it, as well as the user's name and travel document number, whenever the user is a traveller who is subject to the requirement to have his/her travel document stamped.^[262]

Sometimes, external border controls are located on non-Schengen territory. For example, the French Border Police operates border checks at juxtaposed controls on travellers departing the United Kingdom for the Schengen Area before they board their train or ferry at St Pancras International, Ebbsfleet International and Ashford International railway stations, as well as at the Port of Dover and the Eurotunnel Folkestone Terminal.^[263][264]

Short-stay and transit visas

  Schengen Area

  Other EU members and territories of Schengen countries outside the Schengen Area (freedom of movement in the Schengen Area)

  Visa not required for short stays in the Schengen Area

  Visa required to enter the Schengen Area, and to transit some Schengen countries in some cases

  Visa required to enter or transit any Schengen country

Facilitated Rail Transit Document

The rules applicable to short-term entry visas into the Schengen Area are set out in EU regulations which contain two lists: a list of the nationalities (or classes of travel document holder) which require a visa for a short-term stay (the Annex I list) and a list which do not (the Annex II list).^[269]

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.^[270]

An application for a Schengen visa should be submitted to the embassy or consulate of the country which the traveller intends to visit. If a traveller plans to visit multiple countries in the Schengen Area, the application should be submitted to the embassy or consulate of the main destination. If the main destination cannot be determined, the traveller should apply for the visa at the embassy or consulate of the Schengen member state of first entry.^[271] Often, external service providers are contracted by certain diplomatic missions to process, collect and return visa applications.^[272]

The standard application fee for a Schengen visa is EUR 80. There is a reduced visa application fee of EUR 40 for children aged 6 to 12. The visa application fee is waived for children under the age of 6. Where an application is submitted to an external service provider, an additional service fee may have to be paid. The visa application fee (and the additional service fee, if applicable) are not refundable regardless of the outcome of the application.^[273]

Entry conditions for third-country nationals

A Schengen visa or a visa exemption does not entitle the traveller to enter the Schengen Area, but rather allows the traveller to seek entry at the border crossing point. The Schengen Borders Code lists requirements which third-country nationals must meet to be allowed into the Schengen Area. For this purpose, a third-country national is a person who does not enjoy the right of free movement (i.e. a person who is not an EEA citizen or Swiss, nor a family member of such a person).

The entry requirements for third country nationals who intend to stay in the Schengen Area for not more than 90 days in any 180-day period are as follows:^[274]

• The traveller is in possession of a valid travel document or documents authorising them to cross the border (a visa is not considered a travel document in this sense); the acceptance of travel documents for this purpose remains within the domain of the member states;^[275]
• The travel document must be valid for at least 3 months after the intended date of departure from the Schengen Area (although in a justified case of emergency, this obligation may be waived) and must have been issued within the previous 10 years;^[276]
• The traveller either possesses a valid visa (if required) or a valid residence permit;
• The traveller can justify the purpose and conditions of the intended stay and has sufficient means of subsistence, both for the duration of the intended stay and for the return to his or her country of origin or transit to a third country into which the traveller is certain to be admitted, or is in a position to acquire such means lawfully;
• The Schengen Information System does not contain a refusal of entry alert concerning the traveller, and
• The traveller is not considered to be a threat to public policy, internal security, public health or the international relations of any of the Schengen states.

However, even if the third-country national does not fulfil the criteria for entry, admission may still be granted:^[277]

• On humanitarian grounds
• On grounds of national interests
• On grounds of international obligations
• If the person is not in possession of a visa, but fulfils the criteria for being issued a visa at the border
• If the person holds a residence permit or a re-entry visa issued by a Schengen state

Passport stamp

Certain travellers receive a passport stamp when entering and exiting the Schengen Area. All 27 European countries within the Schengen Area have entry and exit stamps of a uniform design. As of April 2016, at a national level, 11 Schengen countries (Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Portugal, Slovakia and Spain)^{[278][279][280][281][282][283][284]} have developed computer databases recording entries and exits of third-country nationals (i.e. travellers who are not EU, EEA or Swiss citizens) at external border crossing points. However, on a Schengen-wide level, there is no centralised computer database that tracks entries and exits at all of the external border crossing points of the 27 Schengen countries, nor are entry and exit records from national databases shared between countries.^[285] As a result, law enforcement officials continue to rely on checking passport stamps as the primary way to check that travellers who do not have the right of free movement have not exceeded their length of permitted stay in the Schengen Area.

Regulation (EU) 2017/2226 envisages the establishment of an Entry-Exit System (EES) which will record third-country nationals' entries and exits when they cross the external borders of the Schengen Area in a central database, replacing passport stamps.^[286] As of August 2022, EES is expected to enter into operation at the end of May 2023.^[287]

There are no systematic immigration checks when travelling between Schengen countries (i.e. crossing the internal borders of the Schengen Area). Passport stamps are never issued when travelling between Schengen countries, even when immigration checks between Schengen countries are temporarily re-introduced.^[288]

When travelling to/from a non-Schengen country (i.e. crossing the external borders of the Schengen Area), the rules on stamping travel documents are as follows:^[289]

Persons whose travel documents are to be stamped

Persons whose travel documents are not to be stamped

Third-country nationals (unless covered by an exemption listed in the right hand column), including both those with a visa and those not subject to visa requirements Family members not holding a residence card issued under Article 10 of Directive 2004/38/EC who are accompanying or joining EU, EEA and Swiss citizens exercising the right of freedom of movement Family members (regardless of whether or not they hold a residence card issued under Article 10 of Directive 2004/38/EC) who are not travelling together with and not joining EU, EEA and Swiss citizens exercising the right of freedom of movement

Citizens of EU and EFTA member states exercising the right of freedom of movement Third-country nationals holding a residence card issued under Article 10 of Directive 2004/38/EC, but only if they are accompanying or joining a family member who is a citizen of an EU or EFTA state exercising their right of freedom of movement and presenting the residence card[290] Third-country nationals holding residence permits issued by a Schengen member state[291] (including British citizens who hold residence status under Article 18 of the Brexit withdrawal agreement)[292] Andorran, Monégasque and San Marinese citizens Holders of local border traffic permits Heads of state and dignitaries whose arrival has been officially announced in advance through diplomatic channels Pilots and members of aircraft crews Seamen (only when their ship calls in and in the area of the port of call) Crew and passengers of cruise ships

Logbook recording which border guards are assigned passport stamps at the external border crossing point at the Port of Algeciras in Spain

Border officials are required, by law, to stamp the travel documents of third country nationals who do not qualify for one of the exemptions listed in the right hand column when they cross external borders,^[293] even when border controls have been relaxed. However, nationals of Andorra, Monaco, San Marino and Vatican City are exempt from this requirement, as are heads of state, whose visits were announced through diplomatic channels, and holders of local border traffic permits and residence permits issued by a Schengen member state.^[294][295] Certain exemptions also apply to the crews of ships and aircraft.^[296]

Exceptionally, if stamping a person's travel document would cause serious difficulties (such as political persecution), border officials can instead issue a sheet of paper detailing the person's name, travel document number and entry date and location.^[289] However, in practice, border officials do not always stamp the travel documents of travellers as legally required.^[297][298] If a person who should have received an entry stamp cannot show one either upon request by a law enforcement officer or upon leaving the Schengen Area to a border official, the officer can presume that the person has been staying illegally in the Schengen Area and can expel him/her, unless the person can demonstrate using credible evidence (such as transport tickets and accommodation receipts) that he/she has not exceeded his/her permitted length of stay in the Schengen Area.^[299]

Although, according to EU rules, third country nationals who hold residence permits should not have their travel documents stamped, France nevertheless requires third country nationals holding a visa de long séjour valant titre de séjour (a long-stay visa serving additionally as a residence permit for up to one year) to receive a passport stamp upon their first entry to the Schengen Area as a part of the process to validate the visa as a residence permit; without an entry stamp, the process cannot be completed.^[300]

Third-country nationals who otherwise fulfil all the criteria for admission into the Schengen area must not be denied entry for the sole reason that there is no remaining empty space in their travel document to affix a stamp; instead, the stamp should be affixed on a separate sheet of paper.^[301][302]

Entry and exit stamps are applied in black ink, except for the red date stamp and a two-digit security code in the middle. The two-digit security code must be changed at least once a month,^[303] although some Schengen countries (such as Greece) change security codes every day.^[288] The stamps bear the country abbreviation within a circle of stars in the top left hand corner, the name of the entry/exit border crossing point in Latin alphabet at the bottom, and an icon in the top right hand corner to denote the mode of entry/exit. Below the name of the border crossing point is an identifying number – a record is kept of the identity of the border officer to whom a given stamp is assigned at any given time.^[304] Entry stamps are rectangular and have an arrow into a square, while exit stamps are rectangular with rounded corners and have an arrow out of a square. The stamps do not indicate any maximum permitted duration of stay.

Border guards are required to ensure the secure storage of passport stamps in locked safes between shifts. Border posts are advised to set out clear responsibilities and instructions for the distribution and use of passport stamps.^[305]

According to European Commission recommendations and guidelines, stamps should be affixed in travel documents by border officials in the following manner:^[298][306]

• in chronological order
• in a horizontal position
• in a clear and straight manner (i.e. with enough ink and not over the edge of a page)
• the exit stamp should be affixed in the proximity of the entry stamp
• no stamp should be affixed over another stamp or over the machine readable zone of a visa
• if the travel document contains a single-entry Schengen visa, the stamp should be affixed over the edge of the visa, but without affecting the legibility of the conditions and security features of the visa
• if the travel document contains a multiple-entry Schengen visa, the stamp should be affixed on the page facing the one on which the visa is affixed

If a third-country national is refused entry to the Schengen Area, the border official is required to affix an entry stamp in the travel document, cancel the stamp by an indelible cross in blank ink and write the letter corresponding to the reason for the refusal of entry to the right-hand side of the cancelled stamp.^[307][308]

By contrast, if a border official has affixed a stamp in a travel document by mistake (as opposed to a refusal of entry), the stamp can be annulled by drawing two parallel lines through the top left-hand corner.^[309]

• Uniform design of Schengen member states' passport stamps
• 
  Entry stamp for air travel, issued at Sandefjord Airport in Norway
• 
  Entry stamp for rail travel, issued at Nickelsdorf at Austro-Hungarian border before Hungary joined the Schengen Area
• 
  Entry stamp for road travel, issued at Doirani at Greek-North Macedonian border
• 
  Entry stamp for ferry travel, issued at the port of Amsterdam IJmond in Netherlands
• 
  Exit stamp for air travel, issued at Prague Ruzyně Airport in Czech Republic
• 
  Exit stamp for rail travel, issued at Bad Schandau at Czech-German border before the Czech Republic joined the Schengen Area
• 
  Exit stamp for road travel, issued at Korczowa at Polish-Ukrainian border
• 
  Exit stamp for ferry travel, issued at port of Helsinki in Finland

Stays in excess of 90 days

For stays in the Schengen Area as a whole which exceed 90 days, a third-country national will need to hold either a long-stay visa for a period no longer than a year, or a residence permit for longer periods. A long-stay visa is a national visa but is issued in accordance with a uniform format. It entitles the holder to enter the Schengen Area and remain in the issuing state for a period longer than 90 days but no more than one year. If a Schengen state wishes to allow the holder of a long-stay visa to remain there for longer than a year, the state must issue him or her with a residence permit.

The holder of a long-stay visa or a residence permit is entitled to move freely within other states which compose the Schengen Area for a period of up to three months in any half-year.^[310] 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.^[311]

Asylum seekers who request international protection under the Geneva Convention from a Schengen member state are not issued a residence permit, but are instead issued, within three days of the application being lodged, an authorisation to remain on the territory of the member state while the application is pending or being examined. This means that, whilst their application for refugee status is being processed, asylum seekers are only permitted to remain in the Schengen member state where they have claimed asylum and are not entitled to move freely within other states which compose the Schengen Area.^[312] Successful applicants who have been granted international protection by a Schengen member state are issued residence permits which are valid for at least three years and renewable, whilst applicants granted subsidiary protection by a Schengen member state are issued residence permits valid for at least 1-year and renewable, unless there are compelling reasons relating to national security or public order. Family members of beneficiaries of international or subsidiary protection from a Schengen member state are issued residence permits as well, but their validity can be shorter.^[313] Applicants who have been granted temporary protection by a Schengen member state (as well as their reunited family members) are issued residence permits valid for the entire period of temporary protection.^[314]

However, some third-country nationals are permitted to stay in the Schengen Area for more than 90 days without the need to apply for a long-stay visa. For example, France does not require citizens of Andorra, Monaco, San Marino and the Vatican City to apply for a long-stay visa.^[315] In addition, Article 20(2) of the Convention implementing the Schengen Agreement allows for this 'in exceptional circumstances' and for bilateral agreements concluded by individual signatory states with other countries before the Convention entered into force to remain applicable. As a result, for example, New Zealand citizens are permitted to stay for up to 90 days in each of the Schengen countries (Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Spain, Sweden and Switzerland) which had already concluded bilateral visa exemption agreements with the New Zealand Government prior to the Convention entering into force without the need to apply for long-stay visas, but if travelling to other Schengen countries the 90 days in a 180-day period time limit applies.^{[316][317][318][319][320][321][322][323][324][325][326]}

Entry conditions for family members of EEA and Swiss citizens

Third-country nationals who are family members of EEA and Swiss citizens exercising their right of free movement and who hold a residence card of a family member of a Union citizen issued by their EEA host country can visit another EEA member state or Switzerland without a visa for a short stay of up to three months in each member state.^{[327][328][329][330]} A 'family member' is defined as the spouse/partner, any of their children below age 21 or dependents (including those of the spouse/partner) and dependent parents (including those of the spouse/partner).^[331]

Holders of a residence card of a family member of a Union citizen issued by a Schengen member state can travel to another Schengen member state without a visa, regardless of whether they are travelling independently, or accompanying or joining their EEA/Swiss citizen family member. However, holders of a residence card of a family member of a Union citizen issued by Bulgaria, Cyprus, Ireland, and the UK can travel to the Schengen Area without a visa only if they are accompanying or joining their EEA/Swiss citizen family member.^[332] British citizens had until 30 June 2021 to apply for the card.

If the non-EEA family member is an Annex I national who presents him/herself at the border without a residence card of a family member of a Union citizen nor an entry visa, but can show his/her family ties with the EEA/Swiss citizens by other means, then a visa must be issued at the border free of charge and entry permitted.^[333]

However, as of December 2008, the right of entry of family members of EEA/Swiss citizens laid down in Articles 5(2) and 5(4) of Directive 2004/38/EC has been incorrectly transposed into Belgian, Latvian and Swedish law, and not transposed at all by Austria, Denmark, Estonia, Italy, Lithuania, Germany and Slovenia.^[334] Five member states do not follow the Directive to the effect that non-EEA family members may still face difficulties (denial of boarding the vessel by the transport company, denial to enter by border police) when travelling to those states using their residence card issued by another EU member state. A visa or other document(s) may still be required.^[334]

Local border traffic at external borders

External Schengen or EU borders which have local border traffic permits.

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.^[335] Such agreements define a border area which may extend to a maximum of 50 kilometres (31 mi) on either side of the border, and provide for the issuance of local border traffic permits to residents of the border area. Permits may be used to cross the EU external border within the border area, are not stamped on crossing the border and must display the holder's name and photograph, as well as a statement that its holder is not authorised to move outside the border area and that any abuse shall be subject to penalties.

Permits are issued with a validity period of between one and five years and allow for a stay in the border area of up to three months. Permits may only be issued to lawful residents of the border area who have been resident in the border area for a minimum of one year (or longer if specified by the bilateral agreement). Applicants for a permit have to show that they have legitimate reasons to cross frequently an external land border under the local border traffic regime. Schengen states must keep a central register of the permits issued and have to provide immediate access to the relevant data to other Schengen states.

Holders of local border traffic permits are able to spend up to 3 months every time they enter the border area of the country which has issued the permit (this time limit is far more generous than the "90 days in a 180-day period" normally granted to third-country nationals visiting the Schengen Area).^[336]

Before the conclusion of an agreement with a neighbouring country, the Schengen state must receive approval from the European Commission, which has to confirm that the draft agreement is in conformity with the Regulation. The agreement may only be concluded if the neighbouring state grants at least reciprocal rights to EEA and Swiss nationals resident on the Schengen side of the border area, and agrees to the repatriation of individuals found to be abusing the border agreement.

As of June 2017 ten local-traffic agreements have come into force.

• Hungary–Ukraine from January 2008.^[337]
• Slovakia–Ukraine from September 2008.^[337]
• Poland–Ukraine in July 2009.^[337]
• Romania–Moldova from October 2010.^[337]
• Latvia–Belarus from February 2012.^[338]
• Norway–Russia from May 2012.^[339]
• Poland–Russia (Kaliningrad Area) from July 2012^[340] (suspended since July 2016)^[341]
• Latvia–Russia from June 2013.^[342]
• Romania–Ukraine from May 2015.^[339]
• An agreement between Croatia–Bosnia and Herzegovina is applied on provisional basis, pending ratification.^[339]

On 28 April 2014, Moldova was classified as an 'Annex II' nationality. On 11 June 2017, Ukraine was classified as an 'Annex II' nationality. Therefore, Moldovan and Ukrainian citizens who hold biometric passports no longer require a visa to enter the Schengen Area and Romania, thus obviating the need to apply for a local border traffic permit (unless they wish to spend more than 90 days in a 180-day period permitted by the visa exemption, given that local border traffic permit holders are allowed to stay for 3 months in the border area on each entry).

There are or have been plans for Lithuania–Russia, Poland–Belarus, Bulgaria–Serbia and Bulgaria–North Macedonia local border traffic agreements.^[343] The agreement between Poland and Belarus had been due to enter into force by 2012,^[344] but was delayed by Belarus,^[345] with no implementation date set (as of Oct 2012).^[346]

In late 2009, Norway began issuing one-year multiple-entry visas, without the usual requirement of having family or a business partner in Norway, called Pomor-Visas, to Russians from Murmansk Oblast, and later to those from Arkhangelsk Oblast.^[347] Finland is not planning border permits, but has issued over one million regular visas for Russians in 2011, and many of them multiple-entry visas. The EU was planning to allow up to 5-year validity on multiple-entry visas for Russians.^[348]

There is also a similar system for local border traffic permits between Spain and Morocco regarding Ceuta and Melilla. This system is older and was included in the 1991 accession treaty of Spain to the Schengen Area.^[57] In this case there are identity checks for anyone travelling to other parts of the Schengen Area (possible by boat and air only). Such checks are not the rule for other local border traffic zones.

Western Balkan states

Citizens of Albania, Bosnia and Herzegovina, Montenegro, North Macedonia, and Serbia can enter the Schengen Area without a visa. On 30 November 2009, the EU Council of Ministers for Interior and Justice abolished visa requirements for citizens of Montenegro, North Macedonia, and Serbia,^[349] while on 8 November 2010 it did the same for Albania and Bosnia and Herzegovina.^[350] The former took effect on 19 December 2009,^[269] and the latter on 15 December 2010.^[351]

Visa liberalisation negotiations between the EU and the Western Balkans (excluding Kosovo) were launched in the first half of 2008, and ended in 2009 (for Montenegro, North Macedonia, and Serbia) and 2010 (for Albania and Bosnia and Herzegovina). Before visas were fully abolished, the Western Balkan countries (Albania, Bosnia and Herzegovina, Montenegro, North Macedonia, and Serbia) had signed "visa facilitation agreements" with the Schengen states in 2008. The visa facilitation agreements were, at the time, supposed to shorten waiting periods, lower visa fees (including free visas for certain categories of travellers), and reduce paperwork. In practice, however, the new procedures turned out to be longer, more cumbersome, more expensive, and many people complained that it was easier to obtain visas before the facilitation agreements entered into force.^{[352][353][354]}

The European Commission launched a visa liberalisation dialogue with Kosovo on 19 January 2012. In June 2012, the Commission handed over a roadmap on visa liberalisation to the Kosovo authorities, which identified the legislation and institutional measures that Kosovo needed to adopt and implement to advance towards visa liberalisation. On 4 May 2016, the European Commission proposed visa-free travel for the citizens of Kosovo. The European Commission has proposed to the Council of the European Union and the European Parliament to lift the visa requirements for the people of Kosovo by transferring Kosovo to the visa-free list for short-stays in the Schengen Area. The EU approved the visa exemption for nationals of Kosovo, effective from 1 January 2024.

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.^[362] 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".^[363]

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 Agreement – Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.
• The 1990 Schengen Convention – Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.

On being incorporated into the main body of European Union law by the Amsterdam Treaty, the Schengen Agreement and Convention were published in the Official Journal of the European Communities by a decision of the Council of Ministers.^[364] As a result, the Agreement and Convention can be amended by regulations.