Joining Schengen

Maria Attard asks:
Under which conditions will Malta fully join the Schengen group? Is The Second Generation Schengen Information System still in its infancy?

Do refugees in Schengen countries need a visa to travel within Schengen borders? And do Schengen countries have a common policy on determining asylum seekers' status?

First of all, the Schengen area refers to those EU countries that have removed all immigration controls internally and adopted a common visa policy externally. In this sense, Schengen countries form a common space within which free movement is completely free for all persons travelling within, irrespective of nationality.

Schengen implies the removal of all passport checks and their replacement with other controls that take a more covert form based on intelligence and on the sharing of information between the respective authorities of the countries involved.

Some non-EU countries, such as Norway and Iceland and now also Switzerland, have also been accepted to join the Schengen area, whereas two EU countries, Ireland and the UK, have opted not to join it.

All the 10 new EU countries that joined last year, including Malta, are still in the process of joining Schengen. As the Schengen system has now been incorporated into EU law, joining it is not an option for new members. So it is a matter of time before we join it too. However, in order to do so, certain preparations must be completed. So far we have reached a stage where some parts of our Schengen obligations are in place whereas others are not.

For example, in terms of format, our visas for non-EU citizens are already identical to visas issued in other Schengen states. However, as yet they are not automatically recognised in other Schengen countries because we are not yet part of the Schengen area.

To give a practical example, a non-EU national who is given a visa by Malta to enter the Maltese territory will have a visa that is identical to that given to someone by France. However, at this point, that person would still have to apply for another visa to enter France whereas a third country national who gets a visa from France need not apply for another visa to enter another Schengen country, such as Italy.

Eventually, when Malta's preparations are completed, this barrier will be lifted and Maltese visas will be recognised in the same way.

The same situation applies to all the new member states. The issue is one of security, that is, all EU countries should have an equally adequate system that is working properly before opening its internal borders to other EU countries.

So for Malta to join Schengen, it must fulfil all the applicable conditions. Conditions largely relate to the strengthening of land, sea and air border controls.

Malta must prove, with a sufficient degree of confidence, that it is able to control its external borders. It is only at this point that Malta can join the common internal space of the Schengen area. Other important requirements relate to police cooperation and data protection. On the second generation Schengen Information System, the targeted date for entry into operation is March 2007, so, yes, it is still in its infancy.

On whether refugees in Schengen countries need a visa to travel within Schengen borders, recognised refugees in Europe are given a special passport to travel within the EU zone. Since refugees do not usually arrive in a country bearing a visa, their situation is particular. In order for them to travel within the Schengen zone they must first be recognised as refugees in the host member state. Once this is achieved they will receive their special passport, but this does not exclude the necessity of applying for a visa to travel within the Schengen area, if they want to travel outside Malta.

Finally, as to whether Schengen countries have a common policy on determining asylum seekers' status, the answer is in the negative. If anything, it is the EU as a whole (and not just the Schengen countries) that is currently attempting to shape a common asylum policy. A number of initiatives are being taken towards the adoption of minimum standards on the reception of asylum applicants and on the minimum standards for procedures that should apply in EU countries to grant and withdraw refugee status.

But this is still work in progress.

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