Article 40 Schengen Agreement

By September 11, 2021 No Comments

The Schengen Agreement comprises two separate agreements, ratified in 1985 and 1990 respectively. Together, they have abolished border controls and greatly facilitated transit across Europe. The two individual agreements stipulate that customs authorities acting within the framework of their material competences may continue a surveillance operation beyond the borders of another Schengen State launched in their own country under well-defined conditions and the agreement of the State on whose territory the surveillance is carried out. Article 40 distinguishes between two cases: – the `normal` supervision carried out after receipt of an authorisation in accordance with a visa application obtained under the Schengen Agreement is roughly in accordance with the visa-type procedure. You apply, send your passport, and then you will receive a stamp if you are authorized. However, they must meet certain criteria and requirements to qualify for a visa under the Schengen Agreement. One of the most notable requirements is Schengen visa insurance. Article 39(5) `The provisions of this Article shall not preclude closer or future bilateral agreements between [the Parties] having a common border. The [Parties] shall inform each other of such agreements. This principle can be further strengthened by bilateral agreements or between neighbouring countries (see Section 6, Article 39(4) and (5)). Joint investigation teams are considered an appropriate instrument to combat cross-border criminal activities.

Joint investigation teams shall be set up for a limited purpose and duration, in accordance with the provisions of the Convention on Mutual Legal Assistance and following an agreement between two or more Member States and other parties. The purpose of this manual is not to go into detail in these agreements. However, for information purposes, the list of bilateral and multilateral agreements is contained in Addendum 4 to this manual (“List of Bilateral or Multilateral Agreements”). The list of Joint Police and Customs Centres (PCCs) is contained in Addendum 2 (“Lists of Contact Points”). On the basis of bilateral police cooperation agreements, the Slovak Republic, in cooperation with its Schengen neighbours, has established seven police cooperation centres whose main objective is to support cross-border police cooperation in order to prevent and combat threats to the security of public order. On the border with the Republic of Poland, there is a CCP in Vyšný Komárnik and Trstená, on the border with Austria, there is such a CCP at the crossing of the Jarovce – Lake Kittsee highway, on the border with the Republic of Hungary, these CPCs are in Čunovo, Slovenské Ďarmoty and Slovenské Nové Mesto and on the border with the Czech Republic in Hodonín…


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