|PROTOCOLS ANNEXED TO THE TREATY ON EUROPEAN UNION AND TO THETREATY ESTABLISHING
THE EUROPEAN COMMUNITY
|Protocol integrating the Schengen acquis
into the framework of the European Union
THE HIGH CONTRACTING PARTIES,
NOTING that the Agreements on the gradual
abolition of checks at common borders signed by some Member States of the European Union
in Schengen on 14 June 1985 and on 19 June 1990, as well as related agreements and the rules adopted on the basis
of these agreements, are aimed at enhancing European integration and, in particular, at enabling
the European Union to develop more rapidly into an area of
freedom, security and justice,
DESIRING to incorporate the abovementioned
agreements and rules into the framework of the European Union,
CONFIRMING that the provisions of the
Schengen acquis are applicable only if and as far as they are compatible with the European Union
and Community law,
TAKING INTO ACCOUNT the special position of
TAKING INTO ACCOUNT the fact that Ireland
and the United Kingdom of Great Britain and Northern Ireland are not parties to and
have not signed the abovementioned agreements;
that provision should, however, be made to
allow those Member States to accept some or all of the provisions thereof,
RECOGNISING that, as a consequence, it is
necessary to make use of the provisions of the Treaty on European Union and of the Treaty
establishing the European Community concerning closer cooperation between some Member States and that those
provisions should only be used as a last resort,
TAKING INTO ACCOUNT the need to maintain a
special relationship with the Republic of Iceland and the Kingdom of Norway, both
States having confirmed their intention to become bound by the provisions mentioned above, on
the basis of the Agreement signed in Luxembourg on 19 December 1996,
HAVE AGREED UPON the following provisions,
which shall be annexed to the Treaty on European Union and to the Treaty establishing the European Community
The Kingdom of Belgium, the Kingdom of
Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the
French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of
the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland and the Kingdom of Sweden,
signatories to the Schengen agreements, are authorised to establish closer cooperation among
themselves withinthe scope of those agreements and related provisions,
as they are listed in the Annex to this Protocol, hereinafter referred to as the "Schengen acquis'. This cooperation
shall be conducted within the institutional and legal framework of the
European Union and with respect for the relevant provisions of the Treaty
on European Union and of the Treaty establishing the European Community.
1. From the date of entry into force of the Treaty of Amsterdam,
the Schengen acquis, including the decisions of the Executive Committee established by the Schengen
agreements which have been adopted before this date, shall immediately apply to the
thirteen Member States referred to in Article 1, without prejudice to the provisions of
paragraph 2 of this Article. From the same date, the Council will substitute itself for the
said Executive Committee.
The Council, acting by the unanimity of its
Members referred to in Article 1, shall take any measure necessary for the implementation of this paragraph. The Council,
acting unanimously, shall determine, in conformity with the relevant provisions
of the Treaties, the legal basis for each of the provisions or
decisions which constitute the Schengen acquis.
With regard to such provisions and decisions
and in accordance with that determination, the Court of Justice of the European Communities shall exercise the powers
conferred upon it by the relevant applicable provisions of the Treaties. In any event, the Court
of Justice shall have no jurisdiction on measures or decisions relating to the maintenance of
law and order and the safeguarding of internal security.
As long as the measures referred to above
have not been taken and without prejudice to Article 5(2), the provisions or decisions
which constitute the Schengen acquis shall be regarded as acts based on Title VI of the Treaty on
2. The provisions of paragraph 1 shall apply to the Member States
which have signed accession protocols to the Schengen
agreements, from the dates decided by the Council, acting with the unanimity of its Members mentioned in Article 1, unless
the conditions for the accession of any of those States to the Schengen acquis are met before
the date of the entry into force of the Treaty of Amsterdam.
Following the determination referred to in
Article 2(1), second subparagraph, Denmark shall maintain the same rights and obligations in relation to the other signatories
to the Schengen agreements, as before the said determination
with regard to those parts of the Schengen acquis that are determined to have a legal basis in Title IIIa of the Treaty establishing
the European Community.
With regard to those parts of the Schengen
acquis that are determined to have legal base in Title VI of the Treaty on European Union, Denmark shall continue to have
the same rights and obligations as the other signatories to the Schengen agreements.
Ireland and the United Kingdom of Great
Britain and Northern Ireland, which are not bound by the Schengen acquis, may at any time request to take part in some or
all of the provisions of this acquis.
The Council shall decide on the request with the unanimity of its members
referred to in Article 1 and of the representative of the
Government of the State concerned.
1. Proposals and initiatives to build upon the Schengen acquis shall
be subject to the relevant provisions of the Treaties.
In this context, where either Ireland or the United Kingdom or both have
not notified the President of the Council in writing within a reasonable period that they
wish to take part, the authorisation referred to in Article 5a of the Treaty establishing the
European Community or Article K.12 of the Treaty on European Union shall be deemed to have been
granted to the Members States referred to in Article 1 and to Ireland or the United Kingdom
where either of them wishes to take part in the areas of
cooperation in question.
2. The relevant provisions of the Treaties referred to in the first
subparagraph of paragraph 1 shall apply even if the Council has not adopted the measures referred
to in Article 2(1), second subparagraph.
The Republic of Iceland and the Kingdom of Norway shall be associated with
the implementation of the Schengen acquis and its further development on the basis
of the Agreement signed in Luxembourg on 19 December 1996. Appropriate procedures shall
be agreed to that effect in an Agreement to be concluded with those States by the Council,
acting by the unanimity of its Members mentioned in Article 1. Such Agreement shall include
provisions on the contribution of Iceland and Norway to any financial consequences resulting
from the implementation of this Protocol.
A separate Agreement shall be concluded with
Iceland and Norway by the Council, acting unanimously, for the establishment of rights and obligations between Ireland
and the United Kingdom of Great Britain and Northern Ireland on the one hand, and Iceland
and Norway on the other, in domains of the Schengen
acquis which apply to these States.
The Council shall, acting by a qualified
majority, adopt the detailed arrangements for the integration of the Schengen Secretariat into
the General Secretariat of the Council.
For the purposes of the negotiations for the
admission of new Member States into the European Union, the Schengen acquis and further measures taken by the
institutions within its scope shall be regarded as an acquis which must be accepted in full by
all States candidates for admission.
1. The Agreement, signed in Schengen on 14
June 1985, between the Governments of the States of the Benelux Economic Union, the Federal Republic
of Germany and the French Republic on the radual abolition of checks at their common borders.
2. The Convention, signed in Schengen on 19
June 1990, between the Kingdom of Belgium, the Federal Republic of Germany, the French
Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, implementing the Agreement on the gradual
abolition of checks at their common borders, signed in Schengen on
14 June 1985, with related Final Act and commondeclarations.
3. The Accession Protocols and Agreements to
the 1985 Agreement and the 1990 ImplementationConvention with Italy (signed in Paris on 27
November 1990), Spain and Portugal (signed in Bonnon 25 June 1991), Greece (signed in Madrid
on 6 November 1992), Austria (signed in Brussels on28 April 1995) and Denmark, Finland and
Sweden (signed in Luxembourg on 19 December 1996),with related Final Acts and declarations.
4. Decisions and declarations adopted by the Executive Committee established
by the 1990 Implementation Convention, as well as acts adopted
for the implementation of the Convention by the organs upon which the Executive Committee has conferred decision