Schengen Area - Regulation of Internal Borders

Regulation of Internal Borders

Before the implementation of the Schengen Agreement, most borders in Europe were patrolled and a vast network of border posts existed around the continent, to check the identity and entitlement of people wishing to travel from one country to another.

Since the implementation of the Schengen rules, border posts have been closed (and often entirely removed) between participating countries. The Schengen Borders Code requires participating states to remove all obstacles to free traffic flow at internal borders. Thus, road, rail and air passengers no longer have their identity checked by border guards when travelling between Schengen countries, although security controls by carriers are still permissible.

A Schengen state is permitted to reinstate border controls with another Schengen country for a short period where there is a serious threat to that state's "public policy or internal security." When such risk arise out of foreseeable events, the state in question must notify the European Commission in advance and consult with other Schengen states. In April 2010 Malta introduced temporary checks due to Pope Benedict XVI's visit.

When travelling by air between Schengen countries or within a single Schengen country, some airlines request identification (usually a passport or a national ID card) at the airport check-in counters or when boarding. This practice is not a form of an official border control, but is used to establish the identity of the passengers. However, certain flights between Schengen countries are considered as non-Schengen flights. For example, travellers flying on LAN between Madrid-Barajas Airport and Frankfurt Airport are required to go through Schengen exit checks upon departure in Madrid and Schengen entry checks upon arrival in Frankfurt, because the route operates from Santiago (Chile) and the German authorities would have no way of differentiating between arriving passengers who boarded in Santiago and those who joined in Madrid.

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. 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 European Union constitutes a customs union and a Value Added Tax area. The effect of these provisions is to prohibit systematic tax, customs controls or any administrative processing of goods at borders between EU member states. In consequence the borders between EU, Schengen states have become largely invisible. However not all Schengen states or all of the territory of Schengen states are part of the customs union or VAT area, so some controls on goods entering or leaving the customs union and/or VAT area are inevitable. To avoid customs controls becoming the new passport controls on internal Schengen borders, the Schengen Borders Code prohibits systematic customs and tax controls.