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Basic Information on Schengen Cooperation

Schengen cooperation is a term denoting cooperation of countries within what is referred to as the "Schengen Area", for which the abbreviation "Schengen" has been coined. This area consists of the territories of states on whose mutual borders no border checks are carried out¹ and which compensate for the missing border checks by a comprehensively conceived system of measures in many areas. In principle, the internal border may be crossed at any place and at any time of day or night. Protection of borders focuses on what is referred to as the “external Schengen borders” (land borders, international airports and sea ports) and is accompanied by close cooperation of the Member States in police, judicial, visa-related and other matters, including strict rules for the protection of personal data.

At present, the Schengen Area comprises 26 states: the 22 EU Member States, plus Norway, Iceland, Switzerland and, since 19 December 2011, also Lichtenstein. Conversely, two of the long-established EU Member States (the United Kingdom and Ireland) are not a part of the Schengen Area; they participate only in some of the aspects of police and judicial cooperation in criminal cases. Another 4 EU Member States have also remained outside the Schengen Area: Cyprus, Croatia, Bulgaria and Romania.

Commencement of Schengen cooperation is associated with the year 1985, when the representatives of five states (Germany, France, Belgium, Luxembourg and Netherlands) signed what is known as the Schengen Agreement in the town of Schengen, Luxembourg. With their initiative, they decided on gradual abolishment of checks on their mutual state borders and laid down the cornerstone for the gradually increasing cooperation under Schengen.

1) In the case of Switzerland, checks of goods are still carried out at the border. The reason for this is that Switzerland is not a part of the EU customs union.

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Method of ensuring security in an area without borders

The most visible feature of the Schengen Area is the abolishment of border checks at the internal borders between Schengen countries. In order to make sure that introduction of free movement of persons does not result in the rise of crime, an onrush of illegal migrants and overall drop in the level of security, the Schengen rules form a comprehensive system of measures compensating for the abolishment of checks at the internal borders.

This applies namely to the rules concerning:

• the protection of external borders of the states in the Schengen Area and the checks of the persons crossing their borders,

• the entry and stay of third country nationals (i.e. nationals from countries outside the Schengen Area, EU and Liechtenstein),

• cooperation between judicial and police authorities,

• sharing information on some persons and matters important for ensuring security and rule of law in the common area (mainly via the Schengen Information System),

• the protection of provided and shared personal data.
  
  

The necessary compensatory measures also include common rules for granting asylum and acquiring, holding and handing over firearms and ammunition, which, however, soon started to evolve through their own processes and today are basically no longer considered to be Schengen standards. However, there is no doubt that the abolishment of checks would not be possible without cooperation in these areas.

In the event of a serious threat to public order or internal security, the Schengen rules allow a Member State to re-introduce the protection of its internal borders as an exception, i.e. to resume carrying out border checks. However, this limitation can be adopted for a limited period of time not exceeding 30 days or for a foreseeable period of the duration of the serious threat. The extent and period of the temporary re-introduction of the protection of internal borders must not exceed what is absolutely necessary to tackle the serious threat concerned.

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Rules for crossing borders

Within the Schengen Area, the rules for crossing borders are defined in a special regulation known as the Schengen Border Code (pdf, 2 MB). All persons and goods crossing the external borders of the Schengen states are checked. During the check, it is established whether  the persons checked enjoy  the Community right to free movement (citizens of the Schengen states and EU Member States and Lichtenstein, including their family members) or whether they are citizens of other countries (third country nationals).

While the purpose of checking the EU citizens is to verify their identity and the validity of their presented travel documents, third country nationals are subjected to a thorough check during which compliance with all the other conditions that must be satisfied in order for them to be able to enter and stay in the common area (for example, justification of the purpose of the stay, availability of sufficient funds for subsistence throughout the expected stay, etc.) is verified, in addition to their identity and validity of their passports.

At the internal borders of the Schengen states, border checks must not be carried out at all, which applies to all persons. However, the freedom of movement of persons across the internal borders of the Schengen Area is not absolute. Even after abolishment of the border checks, it is necessary to abide by the rules defined in the regulations of the given state. The Schengen Area does not affect local restrictions concerning road traffic rules, protection of the nature and landscape or private property in any way. Nor does it affect regulations defining, for instance, the speed limit, the tolerated alcohol content in blood when driving motor vehicles, the time limits for registering residency, the powers of the law enforcement authorities, etc.

Of course, the Schengen rules provide every state with the right – as well as impose an obligation to a certain degree – to continue to carry out policing for the purpose of combating crime and illegal migration in accordance with their national legislation. Thus, each Schengen state can carry out checks of persons in its territory. However, this policing – especially the policing carried out in near-border areas – must comply with the following Schengen rules:

• its purpose is not to protect borders,

• it is based on general police information and experience concerning possible threats to public security and its primary objective is to combat cross-border crime,

• it is planned and carried out in such way that it is distinctly different from the systematic checks of persons at the external borders,

• it is based on random checks.
  
  

These pages were originally created as a response to negative experiences of many Czech citizens with checks in the near-border areas in the period after the Czech Republic acceded to the Schengen Area. Although the number of complaints from travellers has considerably decreased in the recent times, the Ministry of the Interior continues to seek to minimise problems arising during travelling. The problem with checks still remains in the case of international bus lines, on which systematic mobile border checks of buses are carried out in the German territory only several kilometres from the border. If you encountered a check, which was carried out in a near-border area to an excessive scope and in an inappropriate manner and the justification for which you doubted, send an account of your experience to the Ministry of the Interior or find the relevant information in the Complaints section.

The Schengen Information System

The Schengen Information System (SIS) is the common information system of the Schengen countries, which ensures that you can move freely and safely within the Schengen area without checks at common borders. The SIS supports the functioning of national border guards, police, customs, immigration authorities and authorities responsible for the prevention, detection, investigation or prosecution of criminal offences, enabling them to share alerts on persons and things and to implement the required measures.

In 2022, for example, more than 5 100 persons and things entered into the SIS by other countries were traced in the Czech Republic on the basis of SIS alerts and through the cooperation of SIRENE (national central information exchange point) bureaux. More than 9 000 measures have been carried out abroad on persons and things entered in the SIS by the Czech Republic.

Only the competent national authorities have access to SIS data. On March 7^th, 2023, a new and improved version of the SIS will be launched, which includes new types of alerts and data to be processed.

Download (pdf, 2,4 MB)
 

For more information, visit the official website of the European Commission https://home-affairs.ec.europa.eu/policies/schengen-borders-and-visa/schengen-information-system_en.
 

Personal data

The SIS contains the personal data of the persons who are the subject of SIS alerts. The types of data that may be processed in the SIS are set out in EU legislation. Personal data are also processed when a person is checked in the SIS. This happens, for example, when you enter the Schengen area or are stopped by the police for a road check. The SIS guarantees individuals the right to: access their data, correct anaccurate data and delete data unlawfully stored in the system. In addition, the person who is the subject of an alert on refusal of entry and stay or a return alert must be duly informed (right to information).

All persons who are the subject of an alert also have the right to file a complaint with the national data protection authorities or the courts and may obtain compensation for any damage caused by the unlawful processing of data concerning them in any Schengen country.

For more information on data subjects' rights, visit the website of the Data Protection Officer's Department of the Police Presidium or the Data Protection Authority
 

Relevant Legislation

• Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals.

• Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006.

• Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU.