Categories of provisions of the Schengen acquis

According to Article 8 of Protocol on the Schengen acquis integrated in the framework of the European Union, attached to the Treaty on European Union and to the Treaty establishing the European Union, hereinafter Schengen Protocol, Romania has to fully accept the Schengen acquis.

There are two categories of Schengen acquis:

1. Provisions that are not related to lifting controls at internal borders (Category I, Phase of Pre-Accession to EU )
2. Provisions directly bound to lifting controls at internal borders (Category II, Phase of Post-Accession to EU )

Provisions of the second category must be simultaneously implemented and applied with lifting controls at internal borders and are subject to Schengen evaluation process. In this context, Romania must demonstrate its capacity to fulfil the relevant requirements of Schengen acquis in a correct, uniform and efficient manner, being subject to the unanimous Decision of EU Council.

Implementation and application of provisions of Category I

Romania has implemented the provisions of first category before accession to the European Union, without being subject to Schengen evaluation process. Implementation and monitoring the provisions of this category have been part of process of preparation for accession to EU.

Evaluation process before implementation and application of provisions of Category II

Implementation and application of provisions of Category II mean that all legislative, operative and technical pre-conditions should have been already accomplished, especially the requirements related to access to SIS II and efficient control at external borders. In this context, Romania must also take into account the recommendations and best practices set off during Schengen evaluations, which are carried out in other EU Member States.

The evaluation process consists of checking up the fulfilling all necessary conditions for full implementation of the Schengen acquis. This fact means that Romania has to demonstrate its capacity of fulfilling the requirements of the Schengen acquis in a uniform, correct, consistent and efficient manner. For Schengen evaluation is responsible the Schengen Evaluation Working Group (SCH-Eval) within EU Council.