Airborne_Again wrote:
It says that you are “subject to checks”, but does it say that you actively have to seek out someone who will check you? Not that I can see.
I guess the details are in the corresponding country laws. I am not a lawyer and therefore not sure what goverments need to implement when they say “shall” or “subject to”.
I am not aware about other countries, but in Germany it’s against the law to leave without border inspection.
§13 of AufenthG states that exit and entry into the Germany are only allowed on official border control checkpoints (“Grenzübergangsstellen”). §98/3/3 states it can be fined (Ordnungswidrigkeit) if you’re not complying to this.
(https://www.gesetze-im-internet.de/aufenthg_2004/__13.html)
I guess that’s basically inherited from the EU, who state for Schengen (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0399&from=EN#d1e951-1-1) at the beginning (Chapter 1, §1): External borders may be crossed only at border crossing points and during the fixed opening hours […] Member States shall notify the list of their border crossing points to the Commission.
The official German Grenzübergangsstellen (border crossing points) including Airfields, Harbours, etc. for Germany are listed here: https://op.europa.eu/de/publication-detail/-/publication/43d25009-e8f5-11eb-93a8-01aa75ed71a1/language-de – if you’re not departing from there, you have to notify the police to get a special permit and check.
It’s also quite clear that this is the intention of the EU, see the following Infographic: https://www.consilium.europa.eu/en/infographics/schengen-border-controls/
BerlinFlyer wrote:
Germany it’s against the law to leave without border inspection….states that exit and entry into the Germany are only allowed on official border control checkpoints
You can still pass through an “official border control checkpoint” without getting a “border inspection”? unless you mean it’s the same thing?
It’s rare but it happens, there is not much you can do about it unless you have 1-2days to camp around OR they are interested in you…
guess the details are in the corresponding country laws. I am not a lawyer and therefore not sure what goverments need to implement when they say “shall” or “subject to”. I am not aware about other countries, but in Germany it’s against the law to leave without border inspection.
Coming directly from zoll.de:
Recently a change of the relevant customs regulation took effect. This regulations states that what you asked for. If you enter Germany/EU temporarily with your non-EU means of transport (temporary admission) or return with an EU registered means of transport (returned goods) and do not carry along goods that are subject to restrictions or import duties, you can cross the border offside of a customs office via the green border.
Regulation (EU) 2020/877 that changes amongst others article 141 of Delegated Regulation (EU) 2015/2446.
The Austrian law makes it a specific requirement to present oneself to the authorities, not just to cross the border at a particular place.
Is there an equivalent obligation in the German law?
For extra-Schengen arrivals maybe. For intra-Schengen travel there is no such requirement. You can cross wherever and whenever you want.
T28 wrote:
For extra-Schengen arrivals maybe. For intra-Schengen travel there is no such requirement. You can cross wherever and whenever you want
Did you read my post about the Austrian law above? Clearly said that flight from/to Schengen countries are deemed domestic flights,
Peter wrote:
More discussion here.
sorry about that, you’re right I should have piggy backed of this thread. Apologies
Not at all – it is only partly related.
The Austrian law makes it a specific requirement to present oneself to the authorities, not just to cross the border at a particular place.
But police can choose not to be at their post and you don’t have to actively seek for them if they are notified in advance on your arrival/departure.
