ROMSO Cyprus Knowledge Base

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The Schengen Borders Code is a European Union regulation. It regulates border crossing at the internal and external borders of the so-called Schengen area and largely displaces the national legislation of the beneficiary states on border crossing and modalities of border control.

The regulation is a so-called codified text. It recasts the original Regulation (EC) No 562/2006 of the same name. It takes into account six amending regulations and one amendment to the Accession Treaty of Croatia. The provisions shall be renumbered. A concordance table can be found in Annex X.

Scope of application

It is true that the regulation is European Union legislation; However, its scope does not coincide with the territory of the Member States of the European Union. The Regulation did not apply in the United Kingdom and does not apply in Ireland, which did not participate in the adoption of common entry and border surveillance provisions. do not participate. Denmark has reserved itself the right to adopt such provisions by means of individual decisions, as it has done for the Schengen Borders Code and the previous amending regulations. Norway and Iceland are linked to the Schengen acquis via association agreements and have undertaken to transform the content of the rules into their national law. The same applies to Liechtenstein and Switzerland. Cyprus is in principle a user of the Regulation, as are Romania and Bulgaria; However, the checks on persons from and to these states by other Schengen states have not yet been abolished.

All participating countries with their entire territory are not always members of the Schengen area and thus also of the Border Code. Because of the various exclusions → Schengen area.

Content of the Regulation
The Regulation is divided into a general part (Title I), a section on the regime at the external borders of the Schengen area (Title II), a section on internal border modalities (Title III) and a section with final provisions (Title IV).

Title I of the General Rules contains, in addition to definitions (Article 2), a clarification of the scope (Article 3). The Schengen Borders Code applies to all persons crossing borders, without prejudice to the rules governing the free movement of EU citizens under European law and the specific rules governing the reception of refugees. This clarifies that the privileges for EU and EEA citizens, including Swiss citizens, are not restricted, but these citizens cannot demand to remain uncontrolled. refugees seeking admission must be accepted under international law; For example, the general entry requirements apply to them (national passport, if applicable). Visa and Nac