ANNEX II
List of provisions of the Schengen acquis as integrated into the framework of the European Union and the
acts building upon it or otherwise related to it, to be binding on and applicable in the new Member States as
from accession (referred to in Article 4(1) of the Act of Accession)
1. The Agreement 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 dated 14 June
1985 (1).
2. The following provisions of the Convention signed in Schengen on 19 June 1990 implementing the Schengen
Agreement of 14 June 1985 on the gradual abolition of checks at their common borders, its related Final Act andJoint Declarations (
2), as amended by certain of the acts listed in paragraph 8 below:
Article 1 to the extent that it relates to the provisions of this paragraph; Articles 3 to 7, excluding Article 5(1)(d);
Article 13; Articles 26 and 27; Article 39; Articles 44 to 59; Articles 61 to 63; Articles 65 to 69; Articles 71 to 73;
Articles 75 and 76; Article 82; Article 91; Articles 126 to 130 to the extent that they relate to the provisions of this
paragraph; and Article 136; Joint Declarations 1 and 3 of the Final Act.
3. The following provisions of the Agreements on Accession to the Convention signed in Schengen on 19 June
1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their commonborders, their Final Acts and the related Declarations, as amended by certain of the acts listed in paragraph 8 below:
(a) the Agreement signed on 27 November 1990 on the Accession of the Italian Republic:
— Article 4,
— Joint Declaration 1 in Part II of the Final Act;
(b) the Agreement signed on 25 June 1991 on the Accession of the Kingdom of Spain:
— Article 4,
— Joint Declaration 1 in Part II of the Final Act,
— Declaration 2 in Part III of the Final Act;
(c) the Agreement signed on 25 June 1991 on the Accession of the Portuguese Republic:
— Articles 4, 5 and 6,L 157/224 EN Official Journal of the European Union 21.6.2005
(1) OJ L 239, 22.9.2000, p. 13.
(2) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Council Regulation (EC) No 871/2004 (OJ L 162, 30.4.2004,
p. 29).
— Joint Declaration 1 in Part II of the Final Act;
(d) the Agreement signed on 6 November 1992 on the Accession of the Hellenic Republic:
— Articles 3, 4 and 5,
— Joint Declaration 1 in Part II of the Final Act,
— Declaration 2 in Part III of the Final Act;
(e) the Agreement signed on 28 April 1995 on the Accession of the Republic of Austria:
— Article 4,
— Joint Declaration 1 in Part II of the Final Act;
(f) the Agreement signed on 19 December 1996 on the Accession of the Kingdom of Denmark:
— Articles 4, 5(2) and 6,
— Joint Declarations 1 and 3 in Part II of the Final Act;
(g) the Agreement signed on 19 December 1996 on the Accession of the Republic of Finland:
— Articles 4 and 5,
— Joint Declarations 1 and 3 in Part II of the Final Act,
— Declaration by the Government of the Republic of Finland on the Åland islands in Part III of the Final Act;
(h) the Agreement signed on 19 December 1996 on the Accession of the Kingdom of Sweden:
— Articles 4 and 5,
— Joint Declarations 1 and 3 in Part II of the Final Act.
4. The following agreements concluded by the Council pursuant to Article 6 of the Schengen Protocol:
— the Agreement of 18 May 1999 concluded by the Council of the European Union and the Republic of Iceland
and the Kingdom of Norway concerning the latter's association with the implementation, application anddevelopment of the Schengen acquis, including the Annexes, its Final Act, Declarations and the Exchanges ofLetters annexed thereto (
1), approved by Council Decision 1999/439/EC (2)21.6.2005 EN Official Journal of the European Union L 157/225
(1) OJ L 176, 10.7.1999, p. 36.
(2) OJ L 176, 10.7.1999, p. 35.
— the Agreement of 30 June 1999 concluded by the Council of the European Union and the Republic of Iceland
and the Kingdom of Norway on the establishment of rights and obligations between Ireland and the UnitedKingdom of Great Britain and Northern Ireland, on the one hand, and the Republic of Iceland and the Kingdom
of Norway, on the other, in areas of the Schengen acquis which apply to these States (
1), approved by Council
Decision 2000/29/EC (2)
— the Agreement signed on 25 October 2004 by the Council of the European Union and the Swiss Confederation
on the Swiss Confederation's association with implementation, application and development of the SchengenAcquis (
3).
5. The provisions of the following Decisions of the Executive Committee established by the Convention signed in
Schengen on 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition ofchecks at their common borders, as amended by certain of the acts listed in paragraph 8 below:
SCH/Com-ex (93) 10 Decision of the Executive Committee of 14 December 1993 concerning the declarations
by the Ministers and State Secretaries
SCH/Com-ex (93) 14 Decision of the Executive Committee of 14 December 1993 on improving practical
judicial cooperation for combating drug trafficking
SCH/Com-ex (94) 16 rev Decision of the Executive Committee of 21 November 1994 on the acquisition of
common entry and exit stamps
SCH/Com-ex (94) 28 rev Decision of the Executive Committee of 22 December 1994 on the certificate provided
for in Article 75 to carry narcotic drugs and psychotropic substances
SCH/Com-ex (94) 29 rev 2 Decision of the Executive Committee of 22 December 1994 on bringing into force
the Convention implementing the Schengen Agreement of 19 June 1990
SCH/Com-ex (95) 21 Decision of the Executive Committee of 20 December 1995 on the swift exchange
between the Schengen States of statistical and specific data on possible malfunctions at the external borders
SCH/Com-ex (98) 1 rev 2 Decision of the Executive Committee of 21 April 1998 on the activities of the Task
Force, insofar as it relates to the provisions in paragraph 2 above
SCH/Com-ex (98) 26 def Decision of the Executive Committee of 16 September 1998 setting up a Standing
Committee on the evaluation and implementation of Schengen
SCH/Com-ex (98) 35 rev 2 Decision of the Executive Committee of 16 September 1998 on forwarding the
Common Manual to EU applicant States
SCH/Com-ex (98) 37 def 2 Decision of the Executive Committee of 27 October 1998 on the adoption of
measures to fight illegal immigration, insofar as it relates to the provisions in paragraph 2 above
SCH/Com-ex (98) 51 rev 3 Decision of the Executive Committee of 16 December 1998 on cross border police
cooperation in the area of crime prevention and detectionL 157/226 EN Official Journal of the European Union 21.6.2005
(1) OJ L 15, 20.1.2000, p. 2.
(2) OJ L 15, 20.1.2000, p. 1.
(3) As long as this Agreement is not yet concluded, in so far as it applies provisionally.
SCH/Com-ex (98) 52 Decision of the Executive Committee of 16 December 1998 on the Handbook on cross-
border police-cooperation, insofar as it relates to the provisions in paragraph 2 above
SCH/Com-ex (98) 57 Decision of the Executive Committee of 16 December 1998 on the introduction of a
harmonised form providing proof of invitation, sponsorship and accommodation
SCH/Com-ex (98) 59 rev Decision of the Executive Committee of 16 December 1998 on coordinated
deployment of document advisers
SCH/Com-ex (99) 1 rev 2 Decision of the Executive Committee of 28 April 1999 on the drugs situation
SCH/Com-ex (99) 6 Decision of the Executive Committee of 28 April 1999 on the Schengen acquis relating to
telecommunications
SCH/Com-ex (99) 7 rev 2 Decision of the Executive Committee of 28 April 1999 on liaison officers
SCH/Com-ex (99) 8 rev 2 Decision of the Executive Committee of 28 April 1999 on general principles
governing the payment of informers
SCH/Com-ex (99) 10 Decision of the Executive Committee of 28 April 1999 on the illegal trade in firearms
SCH/Com-ex (99) 13 Decision of the Executive Committee of 28 April 1999 on the definitive versions of the
Common Manual and the Common Consular Instructions:
— Annexes 1-3, 7, 8 and 15 of the Common Consular Instructions
— The Common Manual, insofar as it relates to the provisions in paragraph 2 above, including Annexes 1, 5,
5A, 6, 10, 13
SCH/Com-ex (99) 18 Decision of the Executive Committee of 28 April 1999 on the improvement of police
cooperation in preventing and detecting criminal offences.
6. The following Declarations of the Executive Committee established by the Convention signed in Schengen on
19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at theircommon borders, to the extent that they relate to the provisions in paragraph 2 above:
SCH/Com-ex (96) decl 6 rev 2 Declaration of the Executive Committee of 26 June 1996 on extradition
SCH/Com-ex (97) decl 13 rev 2 Declaration of the Executive Committee of 9 February 1998 on the abduction of
minors.
7. The following Decisions of the Central Group established by the Convention signed in Schengen on 19 June
1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their commonborders, to the extent that they relate to the provisions in paragraph 2 above:
SCH/C (98) 117 Decision of the Central Group of 27 October 1998 on the adoption of measures to fight illegal
immigration
SCH/C (99) 25 Decision of the Central Group of 22 March 1999 on general principles governing the payment
of informers.21.6.2005 EN Official Journal of the European Union L 157/227
8. The following acts which build upon the Schengen acquis or otherwise relate to it:
Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164,
14.7.1995, p. 1)
Council Decision 1999/307/EC of 1 May 1999 laying down the detailed arrangements for the integration of the
Schengen Secretariat into the General Secretariat of the Council (OJ L 119, 7.5.1999, p. 49)
Council Decision 1999/435/EC of 20 May 1999 concerning the definition of the Schengen acquis for the
purpose of determining, in conformity with the relevant provisions of the Treaty establishing the EuropeanCommunity and the Treaty on European Union, the legal basis for each of the provisions or decisions whichconstitute the Schengen acquis (OJ L 176, 10.7.1999, p. 1)
Council Decision 1999/436/EC of 20 May 1999 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 theprovisions or decisions which constitute the Schengen acquis (OJ L 176, 10.7.1999, p. 17)
Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement
concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norwayconcerning the association of those two states with the implementation, application and development of theSchengen acquis (OJ L 176, 10.7.1999, p. 31)
Council Decision 1999/848/EC of 13 December 1999 on the full application of the Schengen acquis in Greece
(OJ L 327, 21.12.1999, p. 58)
Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain
and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43)
Council Decision 2000/586/JHA of 28 September 2000 establishing a procedure for amending Articles 40(4)
and (5), 41(7) and 65(2) of the Convention implementing the Schengen Agreement of 14 June 1985 on the
gradual abolition of checks at common borders (OJ L 248, 3.10.2000, p. 1)
Council Decision 2000/751/EC of 30 November 2000 on declassifying certain parts of the Common Manual
adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of
14 June 1985 (OJ L 303, 2.12.2000, p. 29)
Council Decision 2000/777/EC of 1 December 2000 on the application of the Schengen acquis in Denmark,
Finland and Sweden, and in Iceland and Norway (OJ L 309, 9.10.2000, p. 24)
Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in
possession of visas when crossing the external borders and those whose nationals are exempt from thatrequirement (OJ L 81, 21.3.2001, p. 1)
Council Regulation No 789/2001/EC of 24 April 2001 reserving to the Council implementing powers with
regard to certain detailed provisions and practical procedures for examining visa applications (OJ L 116,26.4.2001, p. 2)L 157/228 EN Official Journal of the European Union 21.6.2005
Council Regulation No 790/2001/EC of 24 April 2001 reserving to the Council implementing powers with
regard to certain detailed provisions and practical procedures for carrying out border checks and surveillance(OJ L 116, 26.4.2001, p. 5)
Council Decision 2001/329/EC of 24 April 2001 updating part VI and Annexes 3, 6 and 13 of the Common
Consular Instructions and Annexes 5(a), 6(a) and 8 to the Common Manual (OJ L 116, 26.4.2001, p. 32),
insofar as it relates to Annex 3 to the Common Consular Instructions and Annex 5(a) to the Common Manual
Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention
implementing the Schengen Agreement of 14 June 1985 (OJ L 187, 10.7.2001, p. 45)
Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen
Information System (SIS II) (OJ L 328, 13.12.2001, p. 1)
Council Regulation (EC) No 2414/2001 of 7 December 2001 amending Regulation (EC) No 539/2001 listing
the third countries whose nationals must be in possession of visas when crossing the external borders of
Member States and those whose nationals are exempt from that requirement (OJ L 327, 12.12.2001, p. 1)
Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation
Schengen Information System (SIS II) (OJ L 328, 13.12.2001, p. 4)
Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa
issued by Member States to persons holding travel documents not recognised by the Member State drawing upthe form (OJ L 53, 23.2.2002, p. 4)
Council Regulation (EC) No 334/2002 of 18 February 2002 amending Regulation (EC) No 1683/95 laying
down a uniform format for visas (OJ L 53, 23.2.2002, p. 7)
Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the
provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20)
Council Decision 2002/352/EC of 25 April 2002 on the revision of the Common Manual (OJ L 123, 9.5.2002,
p. 47)
Council Decision 2002/353/EC of 25 April 2002 on declassifying Part II of the Common Manual adopted by
the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June1985 (OJ L 123, 9.5.2002, p. 49)
Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits
for third-country nationals (OJ L 157, 15.6.2002, p. 1)
Council Decision 2002/587/EC of 12 July 2002 on the revision of the Common Manual (OJ L 187, 16.7.2002,
p. 50)
Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal
framework to prevent the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 1)
Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and
residence (OJ L 328, 5.12.2002, p. 17)
Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by
the law enforcement agencies of the Member States (OJ L 67, 12.3.2003, p. 27)21.6.2005 EN Official Journal of the European Union L 157/229
Council Regulation (EC) No 453/2003 of 6 March 2003 amending Regulation (EC) No 539/2001 listing the
third countries whose nationals must be in possession of visas when crossing the external borders and thosewhose nationals are exempt from that requirement (OJ L 69, 13.3.2003, p. 10)
Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the
Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at
common borders (OJ L 260, 11.10.2003, p. 37)
Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of
removal by air (OJ L 321, 6.12.2003, p. 26)
Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers
network (OJ L 64, 2.3.2004, p. 1)
Council Decision 2004/466/EC of 29 April 2004 amending the Common Manual in order to include provision
for targeted border controls on accompanied minors (OJ L 157, 30.4.2004, p. 136)
Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data
(OJ L 261, 6.8.2004, p. 24)
Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for removals from the
territory of two or more Member States, of third-country nationals who are subjects of individual removal
orders (OJ L 261, 6.8.2004, p. 28)
Council Decision 2004/574/EC of 29 April 2004 amending the Common Manual (OJ L 261, 6.8.2004, p. 36)
Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213,
15.6.2004, p. 5)
Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the
Management of Operational Cooperation at the External Borders of the Member States of the European Union(OJ L 349, 25.11.2004, p. 1)
Council Regulation (EC) No 2133/2004 of 13 December 2004 on the requirement for the competent
authorities of the Member States to stamp systematically the travel documents of third country nationals when
they cross the external borders of the Member States and amending the provisions of the Convention
implementing the Schengen agreement and the common manual to this end (OJ L 369, 16.12.2004, p. 5)
Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics
in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1).L 157/230 EN Official Journal of the European Union 21.6.2005