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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
Signatures of the Schengen Agreement on 14 June 1985
TheSchengen Agreement (English:/ˈʃɛŋən/SHENG-ən,Luxembourgish:[ˈʃæŋən]ⓘ) is a treaty which led to the creation of Europe'sSchengen Area, in which internal border checks have largely been abolished. It was signed on 14 June 1985, near the town ofSchengen, Luxembourg, by five of the ten member states of the thenEuropean Economic Community. It proposed measures intended to gradually abolish border checks at the signatories' common borders, including reduced-speed vehicle checks which allowed vehicles to cross borders without stopping, allowing residents in border areas freedom to cross borders away from fixed checkpoints, and the harmonisation of visa policies.[1]
In 1990, the Agreement was supplemented by the Schengen Convention which proposed the complete abolition of systematic internal border controls and acommon visa policy. The Schengen Area operates very much like a single state for international travel purposes with external border controls for travellers entering and exiting the area, and common visas, but with no internal border controls. It currently consists of 29 European countries covering a population of over 450 million people and an area of 4,595,131 square kilometres (1,774,190 sq mi).[2]
Originally, the Schengen treaties and the rules adopted under them operated independently from theEuropean Union. However, in 1999 they were incorporated intoEuropean Union law by theAmsterdam Treaty, while providingopt-outs for the only twoEU member states that had remained outside the Area:Ireland and theUnited Kingdom (which subsequentlywithdrew from the EU in 2020). Schengen is now a core part of EU law, and all EU member states without an opt-out which have not already joined the Schengen Area are legally obliged to do so when technical requirements have been met. Several non-EU countries are included in the area through special association agreements.[3]
Disagreement between member states led to an impasse on the abolition of border controls within the Community, but in 1985 five of the then ten member states – Belgium,France, Luxembourg, the Netherlands, andWest Germany – signed an agreement on the gradual abolition of common border controls. The agreement was signed on thePrincess Marie-Astrid boat on the riverMoselle near the town of Schengen, Luxembourg,[5] where the territories of France, Germany and Luxembourg meet. Three of the signatories,Belgium,Luxembourg, and theNetherlands, had already abolished common border controls as part of theBenelux Economic Union.[citation needed]
EU member states participating
EU member state not participating but obliged to join
The Schengen Agreement was signed independently of theEuropean Union, in part owing to the lack of consensus amongstEU member states over whether or not the EU had the jurisdiction to abolish border controls,[6] and in part because those ready to implement the idea did not wish to wait for others (at this time there was noenhanced co-operation mechanism). The Agreement provided for harmonisation of visa policies, allowing residents in border areas the freedom to cross borders away from fixed checkpoints, the replacement of passport checks with visual surveillance of vehicles at reduced speed, and vehicle checks that allowed vehicles to cross borders without stopping.[1]
In 1990, the Agreement was supplemented by the Schengen Convention which proposed the abolition of internal border controls and acommon visa policy. It was this Convention that created theSchengen Area through the complete abolition of border controls between Schengen member states, common rules on visas, and police and judicial cooperation.[citation needed]
The Schengen Agreement and its implementing Convention were enacted in 1995 only for some signatories,[which?] but just over two years later during the Amsterdam Intergovernmental Conference, all European Union member states except the United Kingdom and Ireland had signed the Agreement. It was during those negotiations, which led to theAmsterdam Treaty, that the incorporation of theSchengen acquis[7] into the main body of European Union law was agreed along with opt-outs for Ireland and theUnited Kingdom (which subsequently withdrew from the EU in 2020), which were to remain outside of the Schengen Area.[8]
A simple sign marks the Schengen border betweenSpain andPortugal.
In December 1996, two non-EU member states,Norway andIceland, signed an association agreement with the signatories of the Agreement to become part of the Schengen Area. While this agreement never came into force, both countries did become part of the Schengen Area after concluding similar agreements with the EU.[9] The Schengen Convention itself was not open for signature by non-EU member states.[10] In 2009,Switzerland finalised its official entry to the Schengen Area with the acceptance of an association agreement bypopular referendum in 2005.[11]
Now that the Schengen Agreement is part of theacquis communautaire, it has, for EU members, lost the status of a treaty, which could only be amended according to its terms. Instead, amendments are made according to thelegislative procedure of the EU underEU treaties.[12] Ratification by the former agreement signatory states is not required for altering or repealing some or all of the former Schengenacquis.[13] Legal acts setting out the conditions for entry into the Schengen Area are now made by majority vote in the EU's legislative bodies. New EU member states do not sign the Schengen Agreement as such, instead being bound to implement the Schengen rules as part of the pre-existing body of EU law, which every new entrant is required to accept.[citation needed]
This situation means that non-EU Schengen member states have few formally binding options to influence the shaping and evolution of Schengen rules; their options are effectively reduced to agreeing or withdrawing from the agreement. However, consultations with affected countries are conducted prior to the adoption of particular new legislation.[14]
In 2016, border controls were temporarily reintroduced in seven Schengen countries (Austria, Denmark, France, Germany, Norway, Poland, and Sweden) in response to theEuropean migrant crisis.[15][16]
Portugal reintroduced checks several times along its border with Spain, during theUEFA Euro 2004 championships and when Portugal hosted the NATO2010 Lisbon summit. Portugal also reintroduced border checks from 10 May 2017 to 14 May 2017, duringPope Francis's visit toFátima, Portugal.[17]
Border controls were reintroduced throughout the area during theCOVID-19 pandemic.[18]
On 8 December 2022, the Justice and Home Affairs Council voted to admit Croatia to the Schengen Area, effective from 1 January 2023.[19]
On 30 December 2023, the Justice and Home Affairs Council agreed to partially include Bulgaria and Romania in the Schengen Area, with air and maritime border checks lifted from 31 March 2024.[20] On 12 December 2024, the Council decided to lift the remaining border checks at land crossing effective 1 January 2025, making Bulgaria and Romania full members of the Schengen Area.[21]
^Council Directive on administrative practices and procedures concerning settlement, employment and residence in a Member State of the Community of workers and their families from another Member State (OJ 80, 13 December 1961, p. 1513.)
^Lungescu, Oana."Fortress Europe". British Broadcasting Corporation. Retrieved13 April 2013.
^The complete acquis, including the fundamental Agreement and Convention and some subsequent acts and instruments brought about meanwhile in its legal framework, had been published here:"Official Journal of the European Communities – The Schengen Acquis"(PDF). 22 September 2000. Retrieved25 November 2007..
^"The Schengen area and cooperation".Summaries of EU legislation. European Commission. Retrieved4 April 2013.In practice, this involvement takes the form of mixed committees that meet alongside the working parties of the EU Council. They comprise representatives of the Member States' governments, the Commission and the governments of third countries. Associated countries therefore participate in discussions on the development of the Schengen acquis, but do not take part in voting. Procedures for notifying and accepting future measures or acts have been laid down.
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