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Schengen
Slovenia, a New Schengen Member
What is the Schengen area and what are its implications?
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Upon its accession to the European Union in 2004,
Slovenia endertook to join the Schengen area and thus enable its citizens
to enter other Schengen countries without border control. The Ministry
of the Interior made great efforts to make possible for Slovenia and
eight new member states to integrate into the Schengen Information System
as early as this year. That means that border checks at common EU land
and sea borders were abolished on 21 December 2007 and at air borders
they were abolished in March 2008. |
This results in a number of advantages for the citizens of
Slovenia and the European Union. When travelling to Italy, Austria, Hungary
and across Europe, you no longer hear the the words: "Your documents, please!";
you no longer have to stop at the border. You will be able to travel within
the Schengen area without stops or any border controls at state borders.
Dear readers, this brochure aims to answer your questions
regarding Slovenia's accession to the Schengen area. It is worth reading since
it provides useful information. The accession of the Republic of Slovenia to
the Schengen area is a privilege, but it also implies great responsibility.
We are facing new tasks. Slovenia has been entrusted with surveillance of a
part of the EU external border. Therefore it had to implement clearly stated
Schengen rules applicable to border control and border surveillance. They are
aimed to provide for safety of all citizens of the European Union in line with
the standards applicable to all countries involved in the external border management.
We are pleased to be able to continue the implementation of
the Agreement on Local Border Traffic and Cooperation between the Republic
of Slovenia and the Republic of Croatia. Its provisions allow the citizens
of both countries to cross the border with identity cards, and local border
population to cross the border with special permits. This is important particularly
for the Slovenians living along the border with Croatia; with Slovenia's accession
to the Schengen area not much changed for them in terms of border crossing.
On 21 December 2007, the Czech Republic,
Estonia, Latvia, Lithuania, Hungary, Malta, Poland, Slovakia, and Slovenia joined the Schengen
area. This was yet another important historic day for our country since Slovenia
is establishing even closer ties with Europe.
Schengen area
Countries in the Schengen area are Austria,
Belgium, Denmark, Finland, France, Greece, Italy, Luxembourg, Germany, the
Netherlands, Portugal, Spain and Sweden (EU
member states), and associated countries Iceland and Norway (members
of the European Economic Area - EEA).
Countries joining the Schengen area on 21 December 2007 (new
member states that joined the EU in 2004) are the
Czech Republic, Estonia, Latvia, Lithuania, Hungary, Malta, Poland, Slovakia,
and Slovenia.
Cyprus (EU member state since 2004), Bulgaria and Romania (EU member states since 2007) are still preparing to join the Schengen area.
Ireland and Great
Britain are EU member states but not Schengen
members. Closer police and judicial cooperation with the Schengen countries
in criminal matters is planned for these two countries in the future.
Furthermore, Switzerland decided to join the Schengen area
approximately at the end of 2008. It will have the same status of an associated
country as Norway and Iceland that are also not EU member states. Liechtenstein is also interested in the implementation of the Schengen acquis.
Future EU member states will also integrate into the Schengen area when they
have fulfilled the requirements.
Slovenia, a new Schengen member
The group of the new member states of the European Union that
joined the Schengen area in 2007 (which had 15 members until then) also includes
Slovenia.
With its entry into the EU on 1 May 2004 Slovenia took on
all the obligations of EU membership, one of which was the establishment of
the adequate Schengen regime. Already then Slovenia started partially implementing
the provisions of the Schengen acquis, i.e. in the field of visa policy and
prevention of illegal immigration. Slovenia was also required to establish
security, customs and inspection control at its part of the external EU border
with Croatia, and ensure its implementation in line with the EU standards.
The enlargement of the Schengen area to include nine new members
is completed now. Slovenia has been preparing systematically to join the Schengen
area for several years; the final decision on lifting controls at internal
borders was taken by the Justice and Home Affairs Council in December 2007.
Thus, border checks at borders with Austria, Italy and Hungary
were abolished, while the control at the Croatian border as the external Schengen
border is strengthened. Border controls at internal land and sea borders were
due to be abolished on 21 December 2007, and at air borders they were abolished
at the end of March 2008.
While joining the Schengen area, Slovenia took a very responsible
task - to protect the common external border in accordance with the Schengen
standards on behalf of all member states. Efficient performance of tasks at
the state border is in Slovenia's security interest: with measures both at
the external border and within the country we prevent illegal migration and
other forms of cross-border crime.
Basic idea of the Schengen area
The basic idea of the Schengen area is to guarantee
a right to free crossing of internal borders. On the other hand,
strengthened border control at external Schengen borders especially with
a view to stop illegal immigration, drug trafficking, trafficking in human
beings and other illegal activities is set up as a counterweight to lifted
border controls at internal borders.
In exceptional cases if national security interests demand
such actions, a member state can reinstate controls at its internal borders
for the required period of time.
In addition to common rules regulating
control at external borders of the Schengen countries carried out
at border crossing points and involving citizens directly, the following
elements are very important in combating organised crime and ensuring safety
in the entire Schengen area: cross-border police cooperation, harmonisation
of members' legislation, judicial cooperation in criminal matters, common
visa policy, exchange of information within the central Schengen Information
System, etc.
These measures are called compensatory
measures as they compensate
for reduced security resulting from lifted controls at internal borders. Therefore
the Slovenian Police established police stations for compensatory
measures in areas with internal state border and security issues. Their core activity
is law enforcement in terms of cross-border crime and illegal immigration.
The police continues to be authorised to carry out checks
within the country including the border area as to whether aliens fulfil the
requirements for residence in territories of member states, carry documents
for border crossing and residence, etc.
Establishment of the Schengen area
The Schengen Agreement (i.e. Agreement on gradual abolition
of checks at common borders) was signed in the Luxembourg town of Schengen in
1985 by five member states of the European Union (Belgium, France, Luxembourg,
Germany and the Netherlands). They wanted to strengthen cooperation between
their police and customs authorities and especially provide for faster movement
of goods and persons, and shorter queues at border crossing points. The town's
name has become a synonym for the abolition of checks at internal borders of
the Schengen countries.
Ten years later the first five signatories together with Portugal
and Spain established an area, known as the Schengen area, without border checks
at internal borders between the parties to the agreement. Later the area was
joined by other European countries: Austria, Greece and Italy in 1997, and
Denmark, Finland and Sweden in 2001, plus Iceland and Norway as non-members
of the EU.
The Schengen Convention (i.e.
the Convention implementing the Schengen Agreement) is even a more important
instrument providing for the implementation of goals of the Schengen Agreement.
Schengen security policy
Travelling within the Schengen area is facilitated, while
border controls on people at external borders are strengthened. Border crossing
is also facilitated for the population living near the border.
- Procedures at internal borders
The basic Schengen principle is absence of checks on persons
crossing internal borders between the EU member states (regardless of their
status as EU citizens or third country citizens). Internal borders can be
crossed at any point. But this does not mean that citizens can travel without
any documents. Police officers in the EU member states continue to be authorised
to check people's identity and to exercise their powers in compliance with
the national law, including in border areas.
- Procedures at external borders
Control on persons is stepped up at external Schengen borders.
As a rule, border crossing is allowed only at border crossing points. Sanctions
are prescribed for illegal crossing of external borders outside border crossing
points and/or operating hours. Control may also be carried out on vehicles
and personal belongings of the persons crossing the border.
At big border crossing points and airports member states are
required to provide for separate lanes for citizens of the EU, the EEA and
Switzerland if possible. It is compulsory at airports to provide for separate
lanes for passengers from the Schengen area (lifted border checks) and those
outside the Schengen area (crossing the external border, border control still
in place).
At the external border, control is carried out in two stages:
- Minimum border checks apply to the
citizens of the EU, EEA (Iceland, Liechtenstein, Norway) and Switzerland and their family members. These checks imply only
checking citizens' identity and validity of documents.
These citizens need only a valid passport or an identity card
in order to cross the border (depending on the country of destination). Their
right to travel can be limited in exceptional cases only due to public order,
public security or public health.
- Thorough border checks are carried out for all
third country nationals.
Police officers check whether these nationals fulfil the entry requirements
by means of the Schengen Information System (SIS). The system shows whether
there has been an alert issued for the person subjected to a check. Document
verification is carried out by a police officer checking the passport or
identity card with an optical reader. The device reads the data which are
verified automatically both in the national databases and in the SIS. Systematic
stamping of the travel documents of third country nationals ensures the verification
of the legality and of the duration of their stay in the Schengen area.
In addition to alerts issued for a particular person, police
officer check other entry requirements such as the validity of passport and
visa (if a visa is required), reasonable purpose of the journey, residence
conditions, sufficient means of subsistence and means for returning to the
country of origin. A third country national who does not meet these requirements
is refused entry to the entire Schengen area.
The common visa policy applies in the entire Schengen area.
This means that a person with a visa issued by a Schengen country can also
travel to other Schengen countries. The Schengen members use a common visa
form, a common list of third countries whose nationals need visas, and a harmonised
procedure for issuing visas.
Further, Schengen countries have harmonized the entry
and residence requirements for third country nationals in the Schengen area (with
regard to maximum duration of stay in the entire territory of member states,
right of transit, obligation of police registration, obligation to remove aliens
if they do not meet residence requirements, penalties for illegal border crossing,
in particular for drivers, etc.).
What documents are needed in order to cross the state border and to
reside in other countries ...
... by Slovenian citizens?
Identity card. Slovenian citizens can enter and reside in all EU member states,
EEA (Iceland, Liechtenstein, Norway) and Switzerland with a valid identity
card or a passport. They can also enter Croatia and Montenegro with a valid
identity card on the basis of a bilateral agreement with Croatia and unilateral
decision by the Montenegrin government.
Passport is still required for travelling to all other countries.
... by third country nationals?
A valid passport and a valid visa (if required) in order to reside in the
entire Schengen area for up to three months.
A valid passport and a national visa or residence permit in case of a longer
stay.
Residence permit issued to a third country national by
a Schengen country accompanied by a passport in order to enter other Schengen countries without
a visa.
An identity card in case of Croatian citizens.
They are allowed to enter Italy, Hungary and Slovenia with an identity
card accompanied by a card containing personal data: first name, last name
and identity card number. The card is stamped on each entry into and exit
from those countries. Identity cards (accompanied by a special card) are allowed
only for Italy, Hungary and Slovenia; a passport is required in order to enter
other countries.
Schengen Information System (SIS)
The Schengen Information System (SIS) is a shared digital database containing
data on alerts issued for persons and objects. In order to carry out border
control at external borders on behalf of all member states it is necessary
to provide access to other countries' data on certain individuals and objects.
These are data on persons who have been refused entry into the Schengen area,
persons who are wanted for arrest or extradition, missing persons, and stolen
vehicles and documents, money, weapons, marked banknotes deriving from criminal
offences, etc.
These data are recorded in the SIS. Bodies with access to
the SIS are the police performing border checks and procedures involving aliens,
administrative units when issuing permits to aliens, consular missions when
issuing visas, and administrative units and agencies authorised for registration
of motor vehicles. Countries enter data into the common database or make queries
in the database via their national systems.
The SIS consists of the central section in Strasbourg (C.SIS)
and its national copies known as national sections (N.SIS), which are used
for making queries and entering data. A specially protected communication
network is used for communication. A new alert issued within the SIS comes
into effect as soon as all members, that is all national systems (N.SIS), confirm
its receipt.
Data on persons are considered personal data and are highly
protected. Every individual has a right to access or consult their own personal
data entered in the SIS. They may apply in any Schengen country since all national
SIS databases are identical to the central database in Strasbourg.
Useful links
Website of the Ministry of the Interior:
Ministry of the Interior
Police
Slovenia
in the Schengen Area
Slovene Presidency of the EU 2008
Website of the Ministry of Foreign Affairs:
http://www.mzz.gov.si/en
Website of the Government Communication Office:
http://www.ukom.gov.si/eng/
Website of the Information Commissioner:
http://www.ip-rs.si/?id=195
Contact us at:
evrofon@gov.si
Europhone: 080-2002
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