Editing Schengen Agreement (section)

==History==

[[File:Schengen Agreement place.jpg|thumb|left|250px|[[Schengen, Luxembourg|Schengen]], border town in Luxembourg where the agreement was signed]]
[[European Single Market#Free movement of people|Free movement of people]] was a core part of the original [[Treaty of Rome]] and, from the early days of the [[European Economic Community]], nationals of EEC member states could travel freely from one member state to another on production of their [[Passports of the European Union|passports]] or [[National identity cards in the European Economic Area|national identity cards]].<ref>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 ([http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31961L1513:EN:NOT OJ 80, 13 December 1961, p. 1513].)</ref> However, systematic identity controls were still in place at the border between most member states.{{citation needed|date=January 2016}}

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, and [[West Germany]] – signed an agreement on the gradual abolition of common border controls. The agreement was signed on the ''Princess Marie-Astrid'' boat on the river [[Moselle (river)|Moselle]] near the town of Schengen, Luxembourg,<ref name ="BBCWorld">{{cite news|first1=Oana|last1=Lungescu|title=Fortress Europe|publisher=British Broadcasting Corporation|url=http://www.bbc.co.uk/worldservice/theneweurope/wk22.htm|access-date=13 April 2013}}</ref> where the territories of France, Germany and Luxembourg meet. Three of the signatories, [[Belgium]], [[Luxembourg]], and the [[Netherlands]], had already abolished common border controls as part of the [[Benelux|Benelux Economic Union]].{{citation needed|date=January 2016}}
[[File:Schengen Area participation.svg|thumb|{{legend|#0088cc|EU member states participating}} {{legend|#ffff00|EU member state not participating but obliged to join}} {{legend|#ff6666|EU member state with an opt-out}} {{legend|#7CFC00|non-EU member states participating}} {{legend|#FFA500|non-EU member states de facto participating}} {{legend|#4B0082|non-EU member states with an [[open border]]}}]]

The Schengen Agreement was signed independently of the [[European Union]], in part owing to the lack of consensus amongst [[Member states of the European Union|EU member states]] over whether or not the EU had the jurisdiction to abolish border controls,<ref>{{Cite book|last1=Craig|first1=Paul|last2=Gráinne de Burca|title=EU Law: Text, Cases and Materials|edition=3rd|year=2003|publisher=Oxford University Press|location=Oxford|isbn=0-19-924943-1|page=[https://archive.org/details/eulaw00paul/page/751 751]|url=https://archive.org/details/eulaw00paul/page/751}}</ref> and in part because those ready to implement the idea did not wish to wait for others (at this time there was no [[enhanced 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.<ref name="Schengen Agreement"/>

In 1990, the Agreement was supplemented by the Schengen Convention which proposed the abolition of internal border controls and a [[Visa policy in the European Union|common visa policy]]. It was this Convention that created the [[Schengen Area]] through the complete abolition of border controls between Schengen member states, common rules on visas, and police and judicial cooperation.{{citation needed|date=January 2016}}

The Schengen Agreement and its implementing Convention were enacted in 1995 only for some signatories,{{which|date=March 2016}} 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 the [[Amsterdam Treaty]], that the incorporation of the ''Schengen acquis''<ref>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: {{Cite web|url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2000/l_239/l_23920000922en00010473.pdf|title=Official Journal of the European Communities – The Schengen Acquis|date=22 September 2000|access-date=25 November 2007}}.</ref> into the main body of European Union law was agreed along with opt-outs for Ireland and the [[United Kingdom]] (which subsequently withdrew from the EU in 2020), which were to remain outside of the Schengen Area.<ref>{{Cite news|url=https://www.schengenvisainfo.com/schengen-visa-countries-list/|title=Schengen Area Countries List – Schengen Zone|work=Schengen VISA Information|access-date=28 July 2017|language=en-US}}</ref>
[[File:Ponteminho4.jpg|thumb|left|250px|A simple sign marks the Schengen border between [[Spain]] and [[Portugal]].]]

In December 1996, two non-EU member states, [[Norway]] and [[Iceland]], 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.<ref>{{Cite web|title=EUR-Lex – 21999A0710(02) – EN – EUR-Lex|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:21999A0710(02)|access-date=24 October 2020|website=eur-lex.europa.eu| date=18 May 1999 }}</ref> The Schengen Convention itself was not open for signature by non-EU member states.<ref>Article 140 of the Schengen Convention.</ref> In 2009, [[Switzerland]] finalised its official entry to the Schengen Area with the acceptance of an association agreement by [[popular referendum]] in 2005.<ref>Allen M. (March 2009). [https://www.swissinfo.ch/eng/switzerland-s-schengen-entry-finally-complete/653802 Switzerland's Schengen entry finally complete]. swissinfo.ch; retrieved 14 June 2013.</ref>

Now that the Schengen Agreement is part of the ''[[acquis 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 the [[Legislature of the European Union|legislative procedure of the EU]] under [[Treaties of the European Union|EU treaties]].<ref>At first the [[Council of the European Union]] (later the [[European Parliament]] and the [[Council of the European Union]] in the [[codecision procedure]]) took the place of the Executive Committee that had been created under the agreement [http://eur-lex.europa.eu/LexUriServ/site/en/oj/2004/l_396/l_39620041231en00450046.pdf Council Decision of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty]</ref> Ratification by the former agreement signatory states is not required for altering or repealing some or all of the former Schengen ''acquis''.<ref>Example: By article 39 subsection 1 of the Schengen Borders Code, Articles 2 to 8 of the Schengen Agreement had been repealed – {{Cite web|url=http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_105/l_10520060413en00010032.pdf|title=Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)|date=13 April 2006|access-date=25 November 2007}}.</ref> 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|date=September 2014}}

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.<ref>{{cite web|title=The Schengen area and cooperation|url=http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration/l33020_en.htm|work=Summaries of EU legislation|publisher=European Commission|access-date=4 April 2013|quote=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.}}</ref>

In 2016, border controls were temporarily reintroduced in seven Schengen countries (Austria, Denmark, France, Germany, Norway, Poland, and Sweden) in response to the [[European migrant crisis]].<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-13194723|title=Schengen: Controversial EU free movement deal explained – BBC News|work=BBC News |date=26 April 2011 |language=en-GB|access-date=6 June 2016}}</ref><ref>{{Cite web|url=http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/schengen/reintroduction-border-control/index_en.htm|title=DGs – Migration and Home Affairs – What we do – ...Schengen Area – Reintroduction-border-control|website=ec.europa.eu|access-date=6 June 2016}}</ref>

Portugal reintroduced checks several times along its border with Spain, during the [[UEFA Euro 2004]] championships and when Portugal hosted the NATO [[2010 Lisbon summit]]. Portugal also reintroduced border checks from 10 May 2017 to 14 May 2017, during [[Pope Francis]]'s visit to [[Fátima, Portugal]].<ref>
{{cite web| url = http://www.theportugalnews.com/news/portugal-declares-papal-holiday/41769| title = Portugal declares Papal holiday| access-date = 28 April 2017}}</ref>

Border controls were reintroduced throughout the area during the [[COVID-19 pandemic]].<ref>{{cite news |title=Europe Barricades Borders to Slow Coronavirus |url=https://www.nytimes.com/2020/03/17/world/europe/EU-closes-borders-virus.html |archive-url=https://web.archive.org/web/20200317191033/https://www.nytimes.com/2020/03/17/world/europe/EU-closes-borders-virus.html |archive-date=17 March 2020 |url-access=subscription |url-status=live |work=The New York Times |date=17 March 2020}}</ref>

On 8 December 2022, the Justice and Home Affairs Council voted to admit Croatia to the Schengen Area, effective from 1 January 2023.<ref>{{Cite web |title=Schengen area: Council decides to lift border controls with Croatia |url=https://www.consilium.europa.eu/en/press/press-releases/2022/12/08/schengen-area-council-decides-to-lift-border-controls-with-croatia/ |access-date=2024-12-12 |website=Consilium |language=en}}</ref>

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.<ref>{{Cite web |title=Schengen area: Council agrees to lift air and maritime internal border controls with Bulgaria and Romania |url=https://www.consilium.europa.eu/en/press/press-releases/2023/12/30/schengen-area-council-takes-move-towards-lifting-border-controls-with-bulgaria-and-romania/ |access-date=2024-12-12 |website=Consilium |language=en}}</ref> 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.<ref>{{Cite web |title=Schengen: Council decides to lift land border controls with Bulgaria and Romania |url=https://www.consilium.europa.eu/en/press/press-releases/2024/12/12/schengen-council-decides-to-lift-land-border-controls-with-bulgaria-and-romania/ |access-date=2024-12-12 |website=Consilium |language=en}}</ref>

The European Union has announced the implementation of the Entry/Exit System (EES) in 2025. This system aims to enhance border security by electronically registering the entry and exit data of non-EU nationals crossing the external borders of Schengen member states. The EES will replace the manual stamping of passports, streamlining border crossings and improving the detection of over-stayers. [https://www.y-axis.ae/blog/6-major-changes-announced-to-schengen-visa-from-2025/?utm_source=chatgpt.com y-axis.ae] [https://schengen.news/from-new-travel-rules-to-golden-visas-schengen-expansion-key-changes-coming-to-eu-in-2025/?utm_source=chatgpt.com schengen.news]{{clear}}