Go to a Schengen country after 90 days in bilateral agreement country

Question

So far, all the information I am finding is that I can travel to a country with bilateral agreement and stay for 90 days but I should do it at the end of my trip. Here is my circumstance:

I wish to travel 60 days in a Schengen country (Spain), then spend 60 days in a bilateral Schengen agreement country (Poland). Then, I wish to return to Spain for the remaining 30 days I did not use in the beginning, and fly back to the USA from there.

If I produce receipts that I was in the bilateral agreement country for 60 days, will Spain let me back in?

Another way of asking this is do the 60 days in Poland count against my total of 90 days I'm allowed in Spain?

Answer 1

Another way of asking this is do the 60 days in Poland count against my total of 90 days I'm allowed in Spain?

It seems like yes, it does, since you were physically present in the "Schengen Area" (i.e. territory of Member States). Your admittance to Spain thus is based on Article 6 of Schengen Borders Code, which says:

1. For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay

This provision has only two exclusions: a) for long term EU visa holders/residents entering a Schengen country while in transit to the country of their residence, and c) on humanitarian grounds, on grounds of national interest or because of international obligations.

There seem to be no other provision in the Borders Code under which Spain could legally admit you. And of course bilateral agreement between the USA and Poland has no effect on Spain, being not a party to those agreements.