History Schengen acquis

schengen, luxembourg

the free movement of persons core part of original treaty of rome and, days of european economic community, nationals of eec member states travel freely 1 member state on production of passports or national identity cards. however, systematic identity controls still in place @ border between member states.

disagreement between member states led impasse on abolition of border controls within community, in 1985 5 of ten member states, belgium, france, luxembourg, netherlands, , west germany, signed agreement on gradual abolition of common border controls. agreement signed on river-boat princess marie-astrid on river moselle near town of schengen, luxembourg, territories of france, germany , luxembourg meet. 3 of signatories belgium, luxembourg , netherlands had abolished common border controls part of benelux economic union.

the schengen agreement signed independently of european union, in part owing lack of consensus amongst eu member states on whether or not eu had jurisdiction abolish border controls, , in part because ready implement idea did not wish wait others (at time there no enhanced co-operation mechanism). agreement provided harmonisation of visa policies, allowing residents in border areas freedom cross borders away fixed checkpoints , replacement of passport checks visual surveillance of vehicles @ reduced speed , vehicle checks allowed vehicles cross borders without stopping.

in 1990, agreement supplemented schengen convention proposed abolition of internal border controls , common visa policy. convention created schengen area through complete abolition of border controls between schengen member states, common rules on visas, , police , judicial cooperation.

the schengen agreement along implementing convention implemented in 1995 signatories, on 2 years later during amsterdam intergovernmental conference, european union member states except united kingdom , ireland had signed schengen agreement. during negotiations, led amsterdam treaty, incorporation of schengen acquis main body of european union law agreed along opt-outs ireland , united kingdom, remain outside of schengen area.

a simple sign marks border between spain , portugal

in december 1996 2 non-eu member states norway , iceland signed association agreement signatories of schengen agreement become part of schengen area. while agreement never came force, both countries did become part of schengen area after concluding similar agreements eu. schengen convention not open signature non-eu member states. in 2009, switzerland finalised official entry schengen area acceptance of association agreement popular referendum in 2005.

now schengen agreement part of acquis communautaire, agreement has, eu members, lost status of treaty, amended according terms. instead, amendments made according legislative procedure of eu under eu treaties. ratification former agreement signatory states not required altering or repealing or of former schengen acquis. legal acts setting out conditions entry schengen area made majority vote in legislative bodies of european union. new eu member states not sign schengen agreement such, instead being bound implement schengen rules part of pre-existing body of eu law, every new entrant required accept.

this led result non-eu schengen member states have few formally binding options influence shaping , evolution of schengen rules; options reduced agreeing, or withdrawing agreement. however, consultations affected countries conducted prior adoption of particular new legislation.