Document No: 7233/1/98, SCHENGEN 14 REV 1
NOTE
from: Presidency
to: Schengen Acquis Working Group
Subject: Definition of the Schengen Acquis for
the purpose of its incorporation into the EU
Following the meeting of the Schengen Acquis
Working Group on 7 April, the Presidency has revised the draft
Decision, to be adopted by the Council acting at 13, which would
define the Schengen acquis for the purpose of its integration
into the framework of the European Union.
European Union
The Council
Brussels, 8 May 1998
Decision of the Council, concerning the definition
of the Schengen acquis for the purpose of determining, in conformity
with the relevant provisions of the Treaty establishing the European
Community and the Treaty on European Union, the legal basis for
each of the provisions or decisions which constitute the acquis.
THE COUNCIL
OF THE
EUROPEAN UNION
Acting on the basis of Article 2(1), second
subparagraph, first sentence, of the Protocol annexed to the Treaty
on European Union and the Treaty establishing the European Community,
integrating the Schengen acquis into the framework of the European
Union (hereinafter referred to as "the Schengen Protocol").
Whereas in order to allow the Council to determine,
in conformity with the relevant provisions of the Treaties, the
legal bases for each of the provisions of the Schengen acquis,
it is necessary for the Council to define the Schengen acquis;
Whereas the determination of legal bases is
only necessary in respect of those provisions or decisions constituting
the Schengen acquis which are still operative, have not been replaced
by provisions of Community law or other acts applicable to all
member States, do not belong to the domain of exclusive competence
of the Member States and are intended to have legal effects;
Whereas the Council should therefore establish
for which provisions or decisions constituting the Schengen acquis
it is not necessary to determine the legal basis in conformity
with the relevant provisions of the Treaties;
Considérant que le constat que pour certaines
dispositions de l'acquis de Schengen il n'est pas nécessaire
pour le Conseil de déterminer une base juridique conformément
aux dispositions pertirentes des traités, n'a pas pour effet
de les priver d'existence ne de validité juridique, et que
les effets juridiques des actes toujours en vigueur adoptés
sur la base de telies dipositions ne sont pas affectés;
Has decided as follows:
Article 1
1. In accordance with the Annex to the Schengen
Protocol the Schengen acquis comprises all the acts listed in
Annex A to this decision.
2. The Schengen acquis, as referred to in
paragraph 1, shall be published in the Official Journal of the
European Communities, with the exception of those of its provisions
which at the time of the adoption of the present decision are
classified as "confidential" or "secret" by
the Schengen Executive Committee or by organs on which the Executive
Committee has conferred decision-making powers.
3. To the extent that in accordance with
paragraph 2 any manuals or common instructions adopted by the
Executive Committee are to be published in the Official Journal
of the European Communities, they shall be so published in the
versions which take into account all adjustments and modifications
which may have been made subsequent to their first adoption.
Article 2
1. It shall not be necessary for the Council,
acting on the basis of Article 2(1), second subparagraph, second
sentence, of the Schengen protocol, to determine, in conformity
with the relevant provisions of the Treaties, a legal basis for
the following provisions and decisions constituting part of the
Schengen acquis which are either no longer operative, have been
replaced by provisions by Community law or other acts applicable
to all Member States, belong to the exclusive competence of the
Member States or are not intended to have legal effects:
(a) 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 gradual abolition of checks at their common borders
("the Schengen Agreement");
(b) the provisions of 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 Schengen Agreement and its related Final Act and declarations
("the Schengen Convention") which are listed in Part
1 of Annex B;
(c) the provisions of the Accession Agreements
and Protocols to the Schengen Agreement and the Schengen Convention
with the Italian Republic (signed in Paris on 27 November 1990),
the Kingdom of Spain and the Portuguese Republic (signed in Bonn
on 25 June 1991), the Hellenic Republic (signed in Madrid on 6
November 1992), the Republic of Austria (signed in Brussels on
28 April 1995) and the Kingdom of Denmark, the Republic of Finland
and the Kingdom of Sweden (signed in Luxembourg on 19th December
1996) which are listed in Part 2 of Annex B;
(d) the decisions and declarations of the
Executive Committee established by the Schengen Convention which
are listed in Part 3 of Annexe B;
(e) the acts of organs upon which the Executive
Committee has conferred decision-making powers which are listed
in Part 4 of Annex B.
Article 3
This decision shall take effect immediately.
It shall be published in the Official Journal
of the European Communities.
Done at.....................on....................
For the Council
the President.
Annex A
Article 1
Schengen Acquis
PART 1
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 gradual 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 common
declarations.
3. The Accession Protocols and Agreements
to the 1985 Agreement and the 1990 Implementation Convention with
Italy (signed in Paris on 27 November 1990), Spain and Portugal
(signed in Bonn on 25 June 1991), Greece (signed in Madrid on
6 November 1992), Austria (signed in Brussels on 28 April 1995)
and Denmark, Finland and Sweden (signed in Luxembourg on 19 December
1996), with related Final Acts and declarations.
4. Decisions and Declarations of the Schengen
Executive Committee.
DECISIONS
SCH/Com-ex (93) 1 rev 2
SCH/Com-ex (93) 2
SCH/Com-ex (93) 3
SCH/Com-ex (93) 4 rev 2 corr
SCH/Com-ex (93) 5 rev corr
SCH/Com-ex (93) 6
SCH/Com-ex (93) 7
SCH/Com-ex (93) 8
SCH/Com-ex (93) 9
SCH/Com-ex (93) 10
SCH/Com-ex (93) 11
SCH/Com-ex (93) 12
SCH/Com-ex (93) 13
SCH/Com-ex (93) 14
SCH/Com-ex (93) 15 corr
SCH/Com-ex (93) 16
SCH/Com-ex (93) 17
SCH/Com-ex (93) 18 rev
SCH/Com-ex (93) 19
SCH/Com-ex (93) 20 rev
SCH/Com-ex (93) 21
SCH/Com-ex (93) 22 rev
SCH/Com-ex (93) 23
SCH/Com-ex (93) 24
SCH/Com-ex (94) 1 rev 2
SCH/Com-ex (94) 2
SCH/Com-ex (94) 5
SCH/Com-ex (94) 6
SCH/Com-ex (94) 7
SCH/Com-ex (94) 11
SCH/Com-ex (94) 12
SCH/Com-ex (94) 13
SCH/Com-ex (94) 14
SCH/Com-ex (94) 15 rev
SCH/Com-ex (94) 16 rev
SCH/Com-ex (94) 17 rev 4
SCH/Com-ex (94) 18
SCH/Com-ex (94) 19
SCH/Com-ex (94) 20 rev
SCH/Com-ex (94) 23 rev
SCH/Com-ex (94) 24 rev
SCH/Com-ex (94) 25
SCH/Com-ex (94) 26
SCH/Com-ex (94) 27
SCH/Com-ex (94) 28 rev
SCH/Com-ex (94) 29 rev 2
SCH/Com-ex (95) PV 1 rev (Point No. 8)
SCH/Com-ex (95) 1
SCH/Com-ex (95) 2
SCH/Com-ex (95) 3
SCH/Com-ex (95) 4
SCH/Com-ex (95) 6
SCH/Com-ex (95) 7
SCH/Com-ex (95) 8
SCH/Com-ex (95) 9
SCH/Com-ex (95) 10
SCH/Com-ex (95) 11
SCH/Com-ex (95) 12
SCH/Com-ex (95) 13
SCH/Com-ex (95) 14
SCH/Com-ex (95) 15 rev 2
SCH/Com-ex (95) 20 rev 2
SCH/Com-ex (95) 21
SCH/Com-ex (95) 22 rev
SCH/Com-ex (95) 23 rev
SCH/Com-ex (95) 24
SCH/Com-ex (95) 25
SCH/Com-ex (95) 26
SCH/Com-ex (95) 27
SCH/Com-ex (96) 2 rev
SCH/Com-ex (96) 3
SCH/Com-ex (96) 4
SCH/Com-ex (96) 5
SCH/Com-ex (96) 6 rev
SCH/Com-ex (96) 10 rev
SCH/Com-ex (96) 11 corr
SCH/Com-ex (96) 12
SCH/Com-ex (96) 13 rev
SCH/Com-ex (96) 14 rev
SCH/Com-ex (96) 15 rev 2
SCH/Com-ex (96) 16
SCH/Com-ex (96) 19
SCH/Com-ex (96) 24
SCH/Com-ex (96) 25
SCH/Com-ex (96) 26
SCH/Com-ex (96) 27
SCH/Com-ex (96) 28
SCH/Com-ex (97) 1
SCH/Com-ex (97) 2 rev 2
SCH/Com-ex (97) 3
SCH/Com-ex (97) 4
SCH/Com-ex (97) 5 rev
SCH/Com-ex (97) 6 rev 2
SCH/Com-ex (97) 8
SCH/Com-ex (97) 10
SCH/Com-ex (97) 11
SCH/Com-ex (97) 12
SCH/Com-ex (97) 13
DECLARATIONS
SCH/Com-ex (93) decl 1
SCH/Com-ex (93) decl 2
SCH/Com-ex (93) decl 3
SCH/Com-ex (93) decl 4
SCH/Com-ex (93) decl 5
SCH/Com-ex (93) decl 6
SCH/Com-ex (93) decl 8 rev 2
SCH/Com-ex (93) decl 9
SCH/Com-ex (93) decl 10
SCH/Com-ex (93) decl 12 rev 2
SCH/Com-ex (93) decl 13
SCH/Com-ex (93) decl 15 def
SCH/Com-ex (93) decl 16 def
SCH/Com-ex (93) decl 17 rev
SCH/Com-ex (94) decl 1 rev
SCH/Com-ex (94) decl 4 rev 2
SCH/Com-ex (94) decl 5
SCH/Com-ex (94) decl 6 rev 4
SCH/Com-ex (94) decl 7 rev 3
SCH/Com-ex (94) decl 8 corr
SCH/Com-ex (94) decl 9 rev
SCH/Com-ex (94) decl 12
SCH/Com-ex (94) decl 13 rev 2
SCH/Com-ex (94) decl 14 rev
SCH/Com-ex (95) decl 1
SCH/Com-ex (95) decl 2
SCH/Com-ex (95) decl 3
SCH/Com-ex (95) decl 4 rev 2
SCH/Com-ex (95) decl 5
SCH/Com-ex (96) decl 1
SCH/Com-ex (96) decl 2 rev
SCH/Com-ex (96) decl 3
SCH/Com-ex (96) decl 4 rev
SCH/Com-ex (96) decl 5
SCH/Com-ex (96) decl 6 rev 2
SCH/Com-ex (96) decl 7 rev
SCH/Com-ex (97) decl 1 rev 3
SCH/Com-ex (97) decl 2
SCH/Com-ex (97) decl 4
SCH/Com-ex (97) decl 5 rev
SCH/Com-ex (97) decl 6
SCH/Com-ex (97) decl 7
SCH/Com-ex (97) decl 8
SCH/Com-ex (97) decl 9
SCH/Com-ex (97) decl 10
5. [PM]
List of acts adopted for the implementation of
the Convention by the organs upon which the Executive Committee
has conferred decision-making powers.
Annex B
Article 2
PART 1
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 Schengen Agreement:
— Article 2(4)
— Article 4, as far as controls on
baggage are concerned
— Article 10(2)
— Article 19(2)
— Articles 28-38 and related definitions
— Article 60
— Article 70
— Article 74
— Articles 77-91
— Articles 120-125
— Articles 131-135
— Article 137
— Articles 139-142
— Final Act: declaration 2
— Final Act: declarations 4, 5 and
6
— Protocol
— Common declaration
— Declaration by Ministers and State
Secretaries
PART 2
1. The Protocol signed in Paris on 27 November
1990, on Accession of the Government of the Italian Republic to
the Agreement between the Governments of the States Members of
the Benelux Economic Union, the Federal Republic of Germany and
the French Republic on the gradual abolition of controls at their
common borders signed at Schengen on 14 June 1985.
2. The following provisions of the Agreement,
signed in Paris on 27 November 1990, on Accession of the Italian
Republic to the Convention, signed at Schengen on 19 June 1990,
implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States Members of the Benelux Economic Union,
the Federal Republic of Germany and the French Republic, its Final
Act and related declarations:
— Article 1
— Articles 5 and 6
— Final Act: Part I
— Part II, declarations 2 and 3
— Declaration by Ministers and State
Secretaries.
3. The Protocol, signed in Bonn on 25 June
1991, on Accession of the Government of the Kingdom of Spain to
the Agreement between the Governments of the States Members of
the Benelux Economic Union, the Federal Republic of Germany and
the French Republic on the gradual abolition of controls at their
common borders signed at Schengen on 14 June 1985, as amended
by the Protocol on Accession by the Government of the Italian
Republic, signed in Paris on 27 November 1990 and its accompanying
declarations.
4. The following provisions of the Agreement,
signed in Bonn on 25 June 1991, on Accession of the Kingdom of
Spain of the Convention, signed at Schengen on 19 June 1990, implementing
the Schengen Agreement of 14 June 1985 between the Governments
of the States Members of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic, to which the Italian
Republic has acceded under the Agreement signed in Paris on 27
November 1990, its Final Act and related declarations:
— Article 1
— Articles 5 and 6
— Final Act Part 1
— Part II, declarations 2 and 3
— Part III, declarations 3 and 4
— Declaration by Ministers and State Secretaries
5. The Protocol, signed in Bonn on 25 June
1991, on Accession of the Government of the Portuguese Republic
to the Agreement between the Governments of the States Members
of the Benelux Economic Union, the Federal Republic of Germany
and the French Republic on the gradual abolition of controls at
their common borders signed at Schengen on 14 June 1985, as amended
by the Protocol on Accession by the Government of the Italian
Republic, signed in Paris on 27 November 1990 and its accompanying
declarations.
6. The following provisions of the Agreement,
signed in Bonn on 25 June 1991, on Accession of the Portuguese
Republic to the Convention, signed at Schengen on 19 June 1990,
implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States Members of the Benelux Economic Union,
the Federal Republic of Germany and the French Republic to which
the Italian Republic has acceded under the Agreement signed in
Paris on 27 November 1990, its Final Act and related declarations:
— Article 1
— Articles 7 and 8
— Final Act Part 1
— Part II, declarations 2 and 3
— Part III, declarations 2, 3, 4 and
5
— Declaration by Ministers and State
Secretaries.
7. The Protocol, signed in Madrid on 6 November
1992, on Accession of the Government of the Hellenic Republic
to the Agreement between the Governments of the States Members
of the Benelux Economic Union, the Federal Republic of Germany
and the French Republic on the gradual abolition of controls at
their common borders signed at Schengen on 14 June 1985, as amended
by the Protocols on Accession by the Government of the Italian
Republic, signed in Paris on 27 November 1990 and by the Governments
of the Kingdom of Spain and the Portuguese Republic, signed in
Bonn on 25 June 1991, and its accompanying declaration.
8. The following provisions of the Agreement
signed in Madrid on 6 November 1992, on Accession of the Hellenic
Republic to the Convention, signed at Schengen on 19 June 1990,
implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States Members of the Benelux Economic Union,
the Federal Republic of Germany and the French Republic, to which
have acceded the Italian Republic under the Agreement signed in
Paris on 27 November 1990, and the Kingdom of Spain and the Portuguese
Republic under the Agreements signed in Bonn on 25 June 1991,
its Final Act and related declarations:
— Article 1
— Articles 6 and 7
— Final Act: Part I
— Part II, declarations 2, 3 and 4
— Part III, declarations 1 and 3
— Declaration by Ministers and State
Secretaries.
9. The Protocol, signed in Brussels on 28
April 1995, on Accession of the Government of the Republic of
Austria to the Agreement between the Governments of the States
Members of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of controls
at their common borders signed at Schengen on 14 June 1985, as
amended by the Protocols on Accession by the Government of the
Italian Republic, the Kingdom of Spain and the Portuguese Republic,
and the Hellenic Republic, signed on 27 November 1990, 25 June
1991 and 6 November 1992 respectively.
10. The following provisions of the Agreement,
signed in Brussels on 28 April 1995, on Accession of the Republic
of Austria to the Convention, signed at Schengen on 19 June 1990,
implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States Members of the Benelux Economic Union,
the Federal Republic of Germany and the French Republic, to which
have acceded the Italian Republic, the Kingdom of Spain and the
Portuguese Republic, and the Hellenic Republic under the Agreements
signed on 27 November 1990, 25 June 1991 and 6 November 1992 respectively
and its Final Act:
— Article 1
— Articles 5 and 6
— Final Act: Part I
— Part II, declaration 2, Part III.
11. The Protocol, signed in Luxembourg on
19 December 1996, on Accession of the Government of the Kingdom
of Denmark to the Agreement on the gradual abolition of controls
at their common borders signed at Schengen on 14 June 1985 and
its related declaration.
12. The following provisions of the Agreement,
signed in Luxembourg on 19 December 1996, on Accession of the
Kingdom of Denmark to the Convention implementing the Schengen
Agreement of 14 June 1985 on the gradual abolition of controls
at their common borders, signed at Schengen on 19 June 1990, and
its Final Act: and related declaration:
— Article 1
— Articles 7 and 8
— Final Act: Part I
— Part II, declaration 2
— Part III
— Declaration of the Ministers and
State Secretaries.
13. The Protocol, signed in Luxembourg on
19 December 1996, on Accession of the Government of the Republic
of Finland to the Agreement on the gradual abolition of controls
at their common borders signed at Schengen on 14 June 1985 and
its related declaration.
14. The following provisions of the Agreement
signed in Luxembourg on 19 December 1996, on Accession of the
Republic of Finland to the Convention implementing the Schengen
Agreement of 14 June 1985 on the gradual abolition of controls
at their common borders, signed at Schengen on 19 June 1990, and
its Final Act and related declaration:
— Article 1
— Articles 6 and 7
— Final Act: Part I
— Part II, declaration 2
— Part III, except the declaration
on the A©aland Islands
— Declaration of the Ministers and
State Secretaries.
15. The Protocol, signed in Luxembourg on
19 December 1996, on Accession of the Government of the Kingdom
of Sweden to the Agreement on the gradual abolition of controls
at their common borders signed at Schengen on 14 June 1985 and
its related declaration.
16. The following provisions of the Agreement,
signed in Luxembourg on 19 December 1996, on Accession of the
Kingdom of Sweden to the Convention implementing the Schengen
Agreement of 14 June 1985 on the gradual abolition of controls
at their common borders, signed at Schengen on 19 June 1990, and
its Final Act and related declaration:
— Article 1
— Articles 6 and 7
— Final Act: Part I
— Part II, declaration 2
— Part III
— Declaration of the Ministers and
State Secretaries.
PART 3
P.M.
Decisions and Declarations of the Schengen Executive
Committee.
PART 4
P.M.
Acts adopted for the implementation of the Schengen
Convention by the organs upon which the Executive Committee has
conferred decision-making powers.
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