The Schengen acquis

as referred to in Article 1(2) of Council Decision 1999/435/EC of 20 May 1999(1)

CONTENTS

Page

Abbreviations used

Introductory note

1. AGREEMENT - CONVENTION - ACCESSIONS

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

Convention implementing the Schengen Agreement of 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

Agreement on the Accession of the Italian Republic to the Convention implementing the Schengen Agreement of 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 signed at Schengen on 19 June 1990

Agreement on the Accession of the Kingdom of Spain to the Convention implementing the Schengen Agreement of 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 signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990

Agreement on the Accession of the Portuguese Republic to the Convention implementing the Schengen Agreement of 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 signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990

Agreement on the Accession of the Hellenic Republic to the Convention implementing the Schengen Agreement of 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 signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990, and to which the Kingdom of Spain and the Hellenic Republic acceded by the Agreements signed at Bonn on 25 June 1991

Agreement on the Accession of the Republic of Austria to the Convention implementing the Schengen Agreement of 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 signed at Schengen on 19 June 1990, to which the Italian Republic, the Kingdom of Spain and the Portuguese Republic, and the Hellenic Republic acceded by the Agreements signed on 27 November 1990, on 25 June 1991 and on 6 November 1992 respectively

Agreement on the Accession of the Kingdom of Denmark to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders signed at Schengen on 19 June 1990

Agreement on the Accession of the Republic of Finland to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders signed at Schengen on 19 June 1990

Agreement on the Accession of the Kingdom of Sweden to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders signed at Schengen on 19 June 1990

2. - DECISIONS OF THE EXECUTIVE COMMITTEE AND THE CENTRAL GROUP- DECLARATIONS OF THE CENTRAL GROUP

2.1. HORIZONTAL

Decision of the Executive Committee of 14 December 1993 concerning the declarations by the Ministers and State Secretaries (SCH/Com-ex (93) 10)

Decision of the Executive Committee of 14 December 1993 concerning the confidential nature of certain documents (SCH/Com-ex (93) 22 rev.)

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 (94) 29, rev. 2)

Decision of the Executive Committee of 20 December 1995 on the procedure for applying Article 2(2) of the Convention implementing the Schengen Agreement (SCH/Com-ex (95) 20, rev. 2)

Decision of the Executive Committee of 7 October 1997 on bringing into force the Convention implementing the Schengen Agreement in Greece (SCH/Com-ex (97) 29, rev. 2)

Decision of the Executive Committee of 23 June 1998 concerning the confidential nature of certain documents (SCH/Com-ex (98) 17)

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) 26 def.)

Decision of the Executive Committee of 23 June 1998 on a catch-all clause to cover the whole technical Schengen acquis (SCH/Com-ex (98) 29 rev.)

Decision of the Executive Committee of 16 September 1998 setting up an Ad Hoc Committee for Greece (SCH/Com-ex (98) 43 rev.)

Decision of the Executive Committee of 16 December 1998 on bringing into force the Implementing Convention in Greece (SCH/Com-ex (98) 49 rev. 3)

2.2. TITLE II CONVENTION: ABOLITION OF CHECKS AT INTERNAL BORDERS AND MOVEMENT OF PERSONS

Decision of the Executive Committee of 14 December 1993 extending the uniform visa (SCH/Com-ex (93) 21)

Decision of the Executive Committee of 14 December 1993 on the common principles for cancelling, rescinding or shortening the length of validity of the uniform visa (SCH/Com-ex (93) 24)

Decision of the Executive Committee of 26 April 1994 on adjustment measures aiming to remove the obstacles to and restrictions on traffic at road crossing points at internal borders (SCH/Com-ex (94) 1, rev. 2)

Decision of the Executive Committee of 26 April 1994 on the issue of uniform visas at borders (SCH/Com-ex (94) 2)

Decision of the Executive Committee of 21 November 1994 introducing a computerised procedure for consulting the central authorities referred to in Article 17 (2) of the Convention (SCH/Com-ex (94) 15 rev.)

Decision of the Executive Committee of 21 November 1994 on the acquisition of common entry and exit stamps (SCH/Com-ex (94) 16 rev.)

Decision of the Executive Committee of 22 December 1994 introducing and applying the Schengen arrangements in airports and aerodromes (SCH/Com-ex (94) 17, rev. 4)

Decision of the Executive Committee of 22 December 1994 on the exchange of statistical information on the issuing of uniform visas (SCH/Com-ex (94) 25)

Decision of the Executive Committee of 5 May 1995 on common visa policy. Decision contained in the minutes of the meeting of the Executive Committee held in Brussels on 28 April 1995 (SCH/Com-ex (95) PV 1 rev.)

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 (95) 21)

Decision of the Executive Committee of 27 June 1996 on the principles for issuing Schengen visas in accordance with Article 30(1)(a) of the Convention implementing the Schengen Agreement (SCH/Com-ex (96) 13 rev. 1)

Decision of the Executive Committee of 19 December 1996 on issuing visas at borders to seamen in transit (SCH/Com-ex (96) 27)

Decision of the Executive Committee of 15 December 1997 on the harmonisation of visa policy (SCH/Com-ex (97) 32)

Decision of the Executive Committee of 15 December 1997 on the implementation of the Joint Action concerning a uniform format for residence permits (SCH/Com-ex (97) 34 rev.)

Decision of the Executive Committee of 15 December 1997 on the guiding principles for means of proof and indicative evidence within the framework of readmission agreements between Schengen States (SCH/Com-ex (97) 39 rev.)

Decision of the Executive Committee of 21 April 1998 on the activities of the Task Force (SCH/Com-ex (98) 1, rev. 2)

Decision of the Executive Committee of 21 April 1998 on cooperation between the Contracting Parties in returning foreign nationals by air (SCH/Com-ex (98) 10)

Decision of the Executive Committee of 21 April 1998 on the exchange of statistics on issued visas (SCH/Com-ex (98) 12)

Decision of the Executive Committee of 23 June 1998 on measures to be taken in respect of countries posing problems with regard to the issue of documents required for expulsion from the Schengen territory (SCH/Com-ex (98) 18 rev.)

Decision of the Executive Committee of 23 June 1998 on Monegasque residence permits (SCH/Com-ex (98) 19)

Decision of the Executive Committee of 23 June 1998 on the stamping of passports of visa applicants (SCH/Com-ex (98) 21)

Decision of the Executive Committee of 16 September 1998 on forwarding the Common Manual to EU applicant States (SCH/Com-ex (98) 35, rev. 2)

Decision of the Executive Committee of 27 October 1998 on the adoption of measures to fight illegal immigration (SCH/Com-ex (98) 37 def. 2)

Decision of the Central Group of 27 October 1998 on the adoption of measures to fight illegal immigration (SCH/C (98) 117)

Decision of the Executive Committee of 16 December 1998 on the abolition of the grey list of States whose nationals are subject to the visa requirement by certain Schengen States (SCH/Com-ex (98) 53, rev. 2)

Decision of the Executive Committee of 16 December 1998 concerning the compilation of a manual of documents to which a visa may be affixed (SCH/Com-ex (98) 56)

Decision of the Executive Committee of 28 April 1999 on the compilation of a manual of documents to which a visa may be affixed (SCH/Com-ex (99) 14)

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) 57)

Decision of the Executive Committee of 16 December 1998 on coordinated deployment of document advisers (SCH/Com-ex (98) 59 rev.)

Decision of the Executive Committee of 28 April 1999 on the definitive versions of the Common Manual and the Common Consular Instructions (SCH/Com-ex (99) 13)

2.3. POLICE COOPERATION

Decision of the Executive Committee of 16 December 1998 on cross-border police cooperation in the area of crime prevention and detection (SCH/Com-ex (98) 51, rev. 3)

Decision of the Executive Committee of 16 December 1998 on the Handbook on cross-border police cooperation (SCH/Com-ex (98) 52)

Decision of the Executive Committee of 28 April 1999 on the Schengen acquis relating to telecommunications (SCH/Com-ex (99) 6)

Decision of the Executive Committee of 28 April 1999 on liaison officers (SCH/Com-ex (99) 7 rev. 2)

Decision of the Executive Committee of 28 April 1999 on general principles governing the payment of informers (SCH/Com-ex (99) 8 rev. 2)

Decision of the Central Group of 22 March 1999 on general principles governing the payment of informers (SCH/C (99) 25)

Decision of the Executive Committee of 28 April 1999 on the improvement of police cooperation in preventing and detecting criminal offences (SCH/Com-ex (99) 18)

2.4. JUDICIAL COOPERATION

Decision of the Executive Committee of 14 December 1993 on improving practical judicial cooperation for combating drug trafficking (SCH/Com-ex (93) 14)

Decision of the Executive Committee of 28 April 1999 on the Agreement on Cooperation in Proceedings for Road Traffic Offences (SCH/Com-ex (99) 11, rev. 2)

Declaration of the Executive Committee of 26 June 1996 on extradition (SCH/Com-ex (96) decl. 6, rev. 2)

Declaration of the Executive Committee of 9 February 1998 on the abduction of minors (SCH/Com-ex (97) decl. 13, rev. 2)

2.5. SIS

Decision of the Executive Committee of 14 December 1993 on the Financial Regulation on the costs of installing and operating the Schengen information system (C.SIS) (SCH/Com-ex (93) 16)

Decision of the Executive Committee of 25 April 1997 on awarding the contract for the SIS II preliminary study (SCH/Com-ex (97) 2, rev. 2)

Decision of the Executive Committee of 7 October 1997 on contributions from Norway and Iceland to the costs of installing and operating of the C.SIS (SCH/Com-ex (97) 18)

Decision of the Executive Committee of 7 October 1997 on the development of the SIS (SCH/Com-ex (97) 24)

Decision of the Executive Committee of 15 December 1997 amending the Financial Regulation on C.SIS (SCH/Com-ex (97) 35)

Decision of the Executive Committee of 21 April 1998 on C.SIS with 15/18 connections (SCH/Com-ex (98) 11)

Decision of the Executive Committee of 28 April 1999 on the Help Desk budget for 1999 (SCH/Com-ex (99) 3)

Decision of the Executive Committee of 28 April 1999 on C.SIS installation expenditure (SCH/Com-ex (99) 4)

Decision of the Executive Committee of 28 April 1999 on updating the Sirene manual (SCH/Com-ex (99) 5)

Declaration of the Executive Committee of 18 April 1996 defining the concept of alien (SCH/Com-ex (96) decl. 5)

Declaration of the Executive Committee of 28 April 1999 on the structure of SIS (SCH/Com-ex (99) decl. 2 rev.)

2.6. MISCELLANEOUS

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) 28 rev.)

Decision of the Executive Committee of 28 April 1999 on the illegal trade in firearms (SCH/Com-ex (99) 10)

ABBREVIATIONS USED

OJ

Agenda

PV

Minutes

REV

Revision

CORR

Correction

CM

Common Manual

CCI

Common Consular Instructions

SCH

Schengen

SCH/M

Ministers and State Secretaries (until October 1993)

SCH/COM-EX

Executive Committee

SCH/C

Central Group

SCH/I

Working Group I "Police and security"

SCH/I-AR

Working Group I "Police and security" - subgroup on "Arms and ammunition"

SCH/I-FRONT

Working Group I "Police and security" - subgroup on "Frontiers"

SCH/I-Telecom

Working Group I "Police and security" - subgroup on "Telecommunications"

SCH/GEM-HANDB

Working Group I "Police and Security" - subgroup on "Common Manual"

SCH/STUP

Working Group "Drugs" (Article 70)

SCH/II

Working Group II "Movement of persons"

SCH/II-READ

Working Group II "Movement of persons" - subgroup on "Readmission"

SCH/II-VISA

Working Group II "Movement of persons" - subgroup on "Visas"

SCH/II-Vision

Working Group II "Movement of persons" - "Vision" subgroup (Visa inquiry open-border network)

SCH/III

Working Group III "Judicial cooperation"

SCH/OR.SIS

Working Group "SIS Steering Committee"

SCH/OR.SIS/SIS

Working Group "SIS Steering Committee" - subgroup "Schengen information system"

SCH/OR.SIS/Sirene

Working Group "SIS Steering Committee" - subgroup "Sirene"

SCH/SG

Note Schengen "General Secretariat"

SIS

Schengen information system

C.SIS

Schengen information system "Central section"

N.SIS

Schengen information system "National section"

INTRODUCTORY NOTE

1. Article 1(2) of Council Decision 1999/435/EC of 20 May 1999(2) provides that the Schengen acquis, as referred to in paragraph 1 of that same Article, is to be published in the Official Journal of the European Communities, with the exception of those of its provisions listed in Article 2 and those provisions which at the time of adoption are classified as "confidential" by the Schengen Executive Committee.

Article 2 of the same Council Decision states that it will not be necessary for the Council to determine, in conformity with the provisions of the Treaties, a legal basis for the provisions and decisions constituting part of the Schengen acquis and listed in Annex B to the Decision.

The present publication therefore contains the provisions and decisions constituting part of the acquis for which the Council, in its Decision 1999/436/EC of 20 May 1999(3), determined the legal basis in conformity with the relevant provisions of the Treaties.

2. This publication also lists the provisions and decisions forming part of the Schengen acquis which concern the Schengen information system (SIS); they are annotated with "for the record" in the Council Decision determining the legal basis in conformity with the relevant provisions of the Treaties.

3. This publication sets out the Schengen acquis as it stood when it was integrated into the European Union on the entry into force of the Treaty of Amsterdam (1 May 1999). Since the Schengen acquis comprises information provided by the States concerned, for example regarding their visa policy towards nationals of third States that do not figure on the common list of third States whose nationals must hold a visa in order to cross the external borders, information should be sought from the appropriate Commission departments or the General Secretariat of the Council as to any changes since 1 May 1999.

4. For the sake of the broad picture, this publication contains all of the provisions of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders. However, the Council has decided that a legal basis does not need to be determined in conformity with the relevant provisions of the Treaties for the provisions printed in italics.

5. In order to facilitate access to the part of the Schengen acquis consisting of the decisions and declarations of the Executive Committee of Schengen, they have been grouped according to subject matter in this publication. To that end, the decisions and declarations have been classified as follows:

- "horizontal" issues,

- the abolition of checks at internal borders and the free movement of persons,

- police cooperation,

- judicial cooperation in criminal matters, and

- the SIS.

The decisions are given in chronological order within each heading. The same applies for the declarations of the Executive Committee.

6. Some of the Executive Committee decisions refer to documents drawn up within the framework of Schengen cooperation which, according to the Council Decision on the definition of the Schengen acquis, do indeed form part of the Schengen acquis but for which the Council has decided there is no need to determine a legal basis in conformity with the relevant provisions of the Treaties. As a result, these documents do not figure in this publication.

7. The same is true of documents referred to in the preamble to certain Executive Committee decisions, but to which no reference is made in the enacting terms of the decisions themselves.

8. Lastly, there are some Executive Committee decisions adopting documents in Annex which the Secretary-General of the Council, by virtue of the responsibility incumbent upon him in accordance with Article 20(2) of the Rules of Procedure of the Council, has decided should be classified as "confidentiel" or "restreint" Council documents. These Annexes have therefore deliberately not been published either.

(1) OJ L 176, 10.7.1999, p. 1.

(2) Council Decision 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 (OJ L 176, 10.7.1999, p. 1).

(3) Council Decision 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 Schengen acquis (OJ L 176, 10.7.1999, p. 17).