Romania should be in the Schengen Area

Subject: Romania should be in the Schengen Area

1. If the free movement area mechanism for European citizens isn't working, why did the Council allow Croatia to join the Schengen Area?

2. What is the difference between Romania and Croatia that made it possible for Croatia to join the Schengen Area but not Romania?

Submitted: 26.10.2023

Reply

(18 March 2024)

The conditions for the participation of Croatia in the Schengen acquis are laid down in Article 4 of Act concerning the conditions of accession of the Republic of Croatia of 2011 (1).

According to that article, Croatia has been bound by the Schengen acquis since the date of its accession and has applied parts of the Schengen acquis since that date.

The remaining parts, linked to the lifting of controls at EU internal borders, could start applying in Croatia pursuant to a unanimous Council decision to that effect, in accordance with Article 4(2) of the 2005 Act of Accession, after verification that the necessary conditions for the application of all parts of the acquis concerned had been met in Croatia.

On 9 December 2021, the Council concluded, in accordance with the applicable Schengen evaluation procedures, that the conditions in all areas of the Schengen acquis had been fulfilled by Croatia.

A draft Council decision on the full application of the Schengen acquis to Croatia was discussed in the Council. The European Parliament gave its favourable opinion on the draft Council decision on 10 November 2022.

On 8 December 2022, the Council reached the required unanimity and adopted Decision (EU) 2022/2451 on the full application of the Schengen acquis in Croatia.

1 ∙ ⸱ Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of

the European Union and the Treaty establishing the European Atomic Energy Community, OJ L 112, 24.4.2012, p. 6-110. | | ( | | )The conditions for the participation of Bulgaria and Romania in the Schengen acquis are laid down in Article 4 of the Act concerning the conditions of accession of the Republic of Bulgaria and Romania of 2005 (2).

According to that article, Bulgaria and Romania have been bound by the Schengen acquis since the date of their accession and have applied parts of the Schengen acquis since that date.

The remaining parts, linked to the lifting of controls at EU internal borders, can be applied in Bulgaria and Romania pursuant to a unanimous Council decision to that effect, to be adopted in accordance with Article 4(2) of the 2005 Act of Accession, after verification that the necessary conditions for the application of all parts of the acquis concerned have been met in those States.

On 9 June 2011, the Council concluded, in accordance with the applicable Schengen evaluation procedures, that the conditions in all areas of the Schengen acquis had been fulfilled by Bulgaria and Romania.

The European Parliament was consulted, and it gave a favourable opinion on a draft Council decisio n (3) on the full application of the Schengen acquis in Bulgaria and Romania on 8 June 2011.

On 30 December 2023 the Council adopted a unanimous decision on the full application of the Schengen acquis in Bulgaria and Romania, establishing that checks at internal air and sea borders with these two Member States should be lifted from 31 March 2024.

The Council will endeavour to take a decision lifting checks on persons at internal land borders. That decision is to be taken by the Council acting by unanimity in accordance with Article 4(2) of the 2005 Act of Accession of the Republic of Bulgaria and Romania.

2 ∙ ⸱ Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the treaties on which the European Union is

founded, OJ L 157, 21.6.2005, p. 203-375.

3 ∙ ⸱ Ref. 2010/0820 (NLE).