Click here to download a leaflet with information on Schengen

Click here to download the Schengen banner

Click here to view the Schengen advert

The impact of Schengen accession on the Maltese

What is Schengen?

The Schengen Agreement, which provides for the lifting of internal borders, common rules relating to external borders as well as rules relating to visa and police cooperation, was originally signed on 14^th June 1985 by five states, namely Belgium, France, Germany, Luxembourg and The Netherlands, aboard the ship ‘Princesse Marie-Astrid’ on the Moselle River, near Schengen, a small town in Luxembourg bordering France to the west and Germany to the east. This was a very appropriate location for the signature of the Agreement, as in those days the townspeople would have had to go through passport control and monetary exchange whenever crossing to neighbouring towns in France and Germany .

A Convention was agreed upon in 1990 with a view to applying the provisions of the Agreement. The first states to effectively implement Schengen provisions were Belgium , France , Germany , Luxembourg , The Netherlands, Portugal and Spain on 26^th March 1995.

Malta joined the Schengen area, now made up of 24 states in all, on 21^st December 2007. The Maltese have acquired new rights and benefits as a result of Malta ’s accession into the Schengen area.

What will Schengen mean to Maltese citizens?

Since 21^st December 2007, when travelling to another Schengen state by sea, Maltese citizens are no longer subject to border checks. However it remains necessary for Maltese citizens to be in possession of a valid Identity Card or Passport when travelling within the Schengen area for security reasons.

This will also apply to air travel as from the end of March 2008.

Moreover, Maltese citizens entering the Schengen area from a third country would be subject only to a minimum border check intended to verify their identity on the basis of their travel document (Identity Card or Passport).

Malta ’s entry into the Schengen area therefore facilitates travel, especially when coupled with Malta ’s adoption of the Euro on 1^st January 2008. These initiatives will enable Maltese citizens to travel to Portugal, Spain, France, The Netherlands, Belgium, Luxembourg, Germany, Austria, Italy, Finland, Greece and Slovenia not only without going through border checks, but also without having to go through monetary exchange.

Does Schengen grant any rights to third country nationals who are family members of Maltese citizens?

Malta ’s accession to Schengen also facilitates travel for third country nationals who are family members[1] of Maltese citizens.

A third country national who is the family member of a Maltese citizen, but not in possession of a residence document issued by Malta or another EU Member State, requires a visa (if he or she is of nationality subject to a visa requirement) to enter the Schengen area, including Malta, from a third country.

Once in possession of a residence document[2] issued by Malta or another EU Member State it would however be possible for a third country national who is the family member of a Maltese citizen to enter the Schengen area (including Malta ) without the requirement of a visa. 

As for Maltese citizens, third country nationals who are family members of Maltese citizens are not be subject to any border checks when travelling to another Schengen state by sea. However, it remains necessary for third country nationals who are family members of Maltese nationals to be in possession of a Passport and the residence document issued by the Maltese authorities or another EU Member State.

This will also apply to air travel as from the end of March 2008.

Were any changes be made at Malta International Airport and the Seaport with a view to implementing Schengen requirements?

The required infrastructural alterations at Malta International Airport and the Seaport have already been carried out in preparation for accession to the Schengen area. The premises in question have met the criteria set out in the Schengen acquis.

Passengers at the arrivals and departure zones at the Seaport are already separated depending on whether they are arriving from or departing to a port within the Schengen area or not.

Once the internal borders will be lifted in respect of air borders in March 2008 the Departure and Arrivals zones at the airport will be split into ‘Schengen’ and ‘Non-Schengen’ areas.

What are the implications of Schengen membership on national security?

The Schengen acquis establishes Common Rules in relation to the management of the External Borders. The checks carried out on third country nationals at the external borders include verification that the person in question is not registered in the Schengen Information System (SIS), which is an IT information exchange system that connects the Police forces of the states participating in the system.  In this regard it should be noted that the Schengen Information System (SIS) features, among other things[3], a list of third country nationals in respect of whom an alert has been issued by a State participating in the system, by reason of commission of a criminal or other offence and who therefore should not be admitted into the Schengen area.

The Schengen acquis also features common rules in relation to visa issuance. The visa requirement in respect of certain third country nationals is intended to enhance security by allowing a prior check on persons seeking to enter the Schengen area.

Whilst enhancing security the Schengen acquis also facilitates travel for third country nationals within the Schengen area by means of the Schengen Visa. A Schengen Visa issued by any Schengen state is valid for stays of a maximum of three months in a six-month period in all the Schengen area. Such visas are normally issued in diplomatic representations outside the Schengen area, therefore before the prospective holder enters and moves into the Schengen area. This measure ensures that high levels of security are maintained.

In case of a serious threat to public security Malta , like any other Schengen state, will have the possibility of temporarily re-introducing internal border checks.

In view of these safeguards, it is not envisaged that membership of the Schengen area will have any negative implications on national security. On the contrary, apart from the border control procedures in respect of persons travelling to the Schengen area from third countries, access to information on the Schengen Information System (SIS) may contribute to additional security at the borders.

This is amply demonstrated by the fact that Maltese authorities had to undergo a series of technical Evaluations before Malta could join the Schengen area.

Technical teams made up of Council, Commission and Member State representatives visited Malta and Malta ’s consulates in third countries with a view to assessing Malta ’s capabilities in relation to:

·                     Data Protection;

·                     External Border Management;

·                     Police Cooperation;

·                     Implementation and management of the Schengen Information System (SIS);

·                     The setting up and management of the office that will be used as a focal point of contact for sharing of information (SIRENE – Supplementary Information Request at National Entry); and,

·                     The Issuing of Visas at Consulates in third countries. 

Malta was given the green light to join the Schengen area only because on completion of the rounds of evaluations its capabilities were found to be adequate in respect of all these areas.

The impact of Schengen accession on Third country nationals

Will travelling to Malta be more difficult?

Third country nationals will be required to fulfil the following conditions for entry into the Schengen area, including Malta :

-          They would have to be in possession of a valid visa, if this is required. However, third country nationals who would normally require a visa to enter the Schengen area but who are in possession or a residence permit need not fulfil this requirement. Third country nationals would have to indicate the purpose of their intended stay and prove that they have sufficient means of subsistence for the length of their stay;

-          No alerts would have been issued in their respect on the Schengen Information System (SIS);

-          They would not have to constitute a threat to public security, public policy, public health or to the international relations of any of the Schengen states.

Third country nationals travelling from Malta to another Schengen state or vice-versa will not be subject to any border checks. It would however still be necessary for third country nationals to be in possession of their Passport and other relevant documentation, such as the Schengen visa (whenever this is required), when travelling within the Schengen area.

Stays in the Schengen area exceeding three months will be subject to the requirement to obtain a long-term visa or a residence permit from the state in which the third country national concerned intends to stay[4].

Will Malta ’s visa regime change once it joins the Schengen area?

Malta has been implementing the European Union’s Common Visa Policy since May 2004; hence third country nationals who presently do not require a visa to enter Malta will not be required to obtain a visa by reason of Malta ’s entry into the Schengen area.

As a general rule visas will be issued at Malta ’s diplomatic representations in third countries.

On Malta ’s accession to the Schengen area Maltese diplomatic missions will be issuing Schengen visas.

Malta has made arrangements with Italy and Austria for these countries’ diplomatic representations to issue Schengen visas on Malta ’s behalf in third countries where Malta does not have a representation.

The Schengen visa will be valid for a stay of up to three months in the Schengen area, including Malta . Malta will also be issuing Schengen Transit visas valid for stays of up to 5 days and Airport Transit Visas (for passage through transit areas at airports).

Long-stay visas (also known as category D visas or National visas), valid for stays exceeding three months, will continue being issued by Malta , but will only be valid for stay in Malta .

NOTE: This is not a legal document and is not intended to give legal advice, but only general information in relation to Malta ’s accession to the Schengen area.

List of countries implementing Schengen as at 21^st December 2007:

Austria
Belgium
Czech Republic*
Denmark
Estonia *
Finland
France
Germany
Greece
Hungary *
Iceland
Italy
Latvia*
Lithuania*
Luxembourg
Malta*
Netherlands
Norway
Poland*
Portugal
Slovakia*
Slovenia*
Spain
Sweden

* These countries’ air borders will be lifted as of March 2008.