21999A0710(02)

AGREEMENT

concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis

THE COUNCIL OF THE EUROPEAN UNION

and

THE REPUBLIC OF ICELAND AND

THE KINGDOM OF NORWAY,

WHEREAS since the signature of the Agreement of Luxembourg of 19 December 1996 between the thirteen Member States of the European Union, signatories to the Schengen agreements and the Republic of Iceland and the Kingdom of Norway, the latter two States have been participating in the discussions concerning the application, implementation and further development of the Schengen agreements and related provisions;

WHEREAS as a result of the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty establishing the European Community by the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts (hereinafter referred to as "the Schengen Protocol"), the cooperation among the Member States of the European Union signatories to the Schengen agreements within the scope of those agreements and related provisions will 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;

RECALLING the object and purpose of the Agreement of Luxembourg to preserve the existing regime between the five Nordic States pursuant to the Convention on the Abolition of Passport Controls at Intra-Nordic borders signed in Copenhagen on 12 July 1957, establishing the Nordic Passport Union, once those of the Nordic States which are Members of the European Union take part in the regime on the abolition of checks on persons at internal borders set out in the Schengen agreements;

BEARING IN MIND the provisions laid down in the Agreement of Luxembourg;

RECOGNISING, however, that the integration of the Schengen acquis into the framework of the European Union implies that the taking of decisions purporting to further develop the provisions constituting the Schengen acquis has become a matter for the European Union, including the European Community;

WHEREAS according to Article 6, first paragraph, of the Schengen Protocol, the European Union, including the European Community, wishes to respect and serve the object and purpose of the Agreement of Luxembourg through an Agreement associating the Republic of Iceland and the Kingdom of Norway, upon the entry into force of the Treaty of Amsterdam, with the implementation of the Schengen acquis and its further development on the basis of the Agreement of Luxembourg, thus ensuring the common objective of continuing the involvement of these two States in these activities;

CONVINCED of the need to involve all parties in an appropriate fashion which are applying the provisions constituting the Schengen acquis and to which such provisions and their further development may eventually have to apply, including the Republic of Iceland and the Kingdom of Norway, in discussions, at all levels, concerning their practical application, their implementation and the preparation of their further development;

CONSIDERING that for this purpose it is necessary to set up an organisational structure, outside the institutional framework of the European Union, ensuring the association of the Republic of Iceland and the Kingdom of Norway with the decision-making process in these fields and enabling their participation in these activities through a Mixed Committee,

HAVE AGREED AS FOLLOWS:

Article 1

The Republic of Iceland and the Kingdom of Norway hereinafter referred to as "Iceland" and "Norway" respectively shall be associated with the activities of the European Community and the European Union in the fields covered by the provisions referred to in Annexes A and B to this Agreement and their further development.

This Agreement creates reciprocal rights and obligations in accordance with the procedures set out herein.

Article 2

1. The provisions of the Schengen acquis as listed in Annex A to this Agreement as they apply to the Member States of the European Union hereinafter referred to as the "Member States" which participate in the closer cooperation authorised by the Schengen Protocol, shall be implemented and applied by Iceland and Norway.

2. The provisions of the acts of the European Community listed in Annex B to this Agreement, to the extent that they have replaced corresponding provisions of, or adopted pursuant to, the Convention signed in Schengen on 19 June 1990 implementing the Agreement on the gradual abolition of checks at the common borders, shall be implemented and applied by Iceland and Norway.

3. The acts and the measures taken by the European Union amending or building upon the provisions referred to in Annexes A and B, to which the procedures set out in this Agreement have been applied, shall also, without prejudice to Article 8, be accepted, implemented and applied by Iceland and Norway.

Article 3

1. A Mixed Committee is hereby established, consisting of representatives of the governments of Iceland and Norway, the members of the Council of the European Union, hereinafter referred to as the "Council", and of the Commission of the European Communities, hereinafter referred to as the "Commission".

2. The Mixed Committee shall adopt its own Rules of Procedure by consensus.

3. The Mixed Committee shall meet at the initiative of its President or at the request of any of its members.

4. Subject to Article 4(2), the Mixed Committee meets at the level of Ministers, senior officials or experts, as circumstances require.

5. The office of President of the Mixed Committee shall be held:

- at the level of experts: by the representative of the European Union;

- at the level of senior officials and Ministers: alternately, for a period of six months by the representative of the European Union and by the representative of the government of Iceland or Norway.

Article 4

1. The Mixed Committee shall address, in accordance with this Agreement, all matters covered by Article 2 and shall ensure that any concern entertained by Iceland and Norway is duly considered.

2. In the Mixed Committee at the ministerial level, the representatives of Iceland and Norway shall have the opportunity:

- to explain the problems they encounter in respect of a particular act or measure or to respond to the problems encountered by other delegations;

- to express themselves on any questions concerning the development of provisions of concern to them or the implementation thereof.

3. Meetings of the Mixed Committee at ministerial level shall be prepared by the Mixed Committee at the level of senior officials.

4. The representatives of the governments of Iceland and Norway shall have the right to make suggestions in the Mixed Committee relating to the matters mentioned in Article 1. After discussion, the Commission or any Member State may consider such suggestions with a view to making a proposal or taking an initiative, in accordance with the rules of the European Union, for the adoption of an act or measure of the European Community or the European Union.

Article 5

Without prejudice to Article 4, the Mixed Committee shall be informed about the preparation within the Council of any acts or measures which may be relevant to this Agreement.

Article 6

When drafting new legislation in a field which is covered by this Agreement, the Commission shall informally seek advice from experts of Iceland and Norway in the same way as it seeks advice from experts of the Member States for drawing up its proposals.

Article 7

The Contracting Parties agree that an appropriate arrangement should be concluded on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in any of the Member States or in Iceland or Norway. Such as arrangement should be in place at the time the provisions referred to in Annex A and Annex B, as well as those already adopted pursuant Article 2(3), are put into effect for Iceland and Norway in accordance with Article 15(4).

Article 8

1. The adoption of new acts or measures related to matters reffered to in Article 2 shall be reserved to the competent institutions of the European Union. Subject to paragraph 2, such acts or measures shall enter into force simultaneously for the European Union and its Member States concerned and for Iceland and Norway, unless those acts or measures explicitly state otherwise. In this context, due account shall be taken of the time indicated by Iceland or Norway in the Mixed Committee as the time necessary to enable Iceland or Norway to fulfil their constitutional requirements.

2. (a) The adoption of the acts or measures referred to in paragraph 1 to which the procedures set out in this Agreement have been applied, shall be notified immediately by the Council to Iceland and Norway. Iceland and Norway shall decide independently whether to accept their content and to implement it into their internal legal order. These decisions shall be notified to the Council and to the Commission within thirty days of the adoption of the acts or measures concerned.

(b) If the content of such an act or measure can become binding on Iceland only after the fulfilment of constitutional requirements, Iceland shall inform the Council and the Commission of this at the time of its notification. Iceland shall promptly inform the Council and the Commission in writing upon fulfilment of all constitutional requirements, and shall provide such information no later than four weeks before the date laid down for the entry into force of the act or measure for Iceland, as decided according to paragraph 1.

(c) If the content of such an act or measure can become binding on Norway only after the fulfilment of constitutional requirements, Norway shall inform the Council and the Commission of this at the time of its notification. Norway shall promptly, and at the latest six months from notification by the Council, inform the Council and the Commission in writing upon fulfilment of all constitutional requirements. From the date laid down for the entry into force of the act or measure for Norway and until the information upon fulfilment of constitutional requirements, Norway shall provisionally apply, where possible, the content of such act or measure.

3. The acceptance by Iceland and Norway of the content of acts and measures referred to in paragraph 2 shall create rights and obligations between Iceland and Norway, and between Iceland and Norway on the one hand, and the European Community and those of its Member States bound by those acts and measures, on the other hand.

4. In case:

(a) either Iceland or Norway notifies its decision not to accept the content of an act or measure referred to in paragraph 2 and to which the procedures set out in this Agreement have been applied; or

(b) either Iceland or Norway does not make a notification within the thirty days time limit set out in paragraph 2(a); or

(c) Iceland does not make a notification prior to the four weeks time limit set out in paragraph 2(b) before the date laid down for the entry into force of the act or measure concerned for it; or

(d) Norway does not make a notification within the six month time limit set out in paragraph 2(c) or does not provide for provisional application as envisaged in the same subparagraph from the date laid down for the entry into force of the act of measure concerned for it;

this Agreement shall be considered terminated with respect to Iceland or Norway, as the case may be, unless the Mixed Committee, after a careful examination of ways to continue the Agreement, decides otherwise within ninety days. Termination of this Agreement shall take effect three months after the expiry of the ninety days period.

Article 9

1. In order to achieve the objective of the Contracting Parties to arrive at as uniform an application and interpretation as possible of the provisions referred to in Article 2, the Mixed Committee shall keep under constant review the development of the case law of the Court of Justice of the European Communities, hereinafter referred to as the "Court of Justice", as well as the development of the case law of the competent courts of Iceland and Norway relating to such provisions. To this end a mechanism shall be set up to ensure regular mutual transmission of such case law.

2. Subject to the adoption of the necessary modifications to the Statute of the Court of Justice, Iceland and Norway shall be entitled to submit statements of case or written observations to the Court of Justice in cases where a question has been referred to it by a court or tribunal of a Member State for a preliminary ruling concerning the interpretation of any provision referred to in Article 2.

Article 10

1. Iceland and Norway shall submit reports annually to the Mixed Committee on the way in which their administrative authorities and their courts have applied and interpreted the provisions referred to in Article 2, as interpreted by the Court of Justice, as the case may be.

2. If the Mixed Committee, within two months after a substantial difference in the case law of the Court of Justice and the courts of Iceland or Norway or a substancial difference in application between the authorities of the Member States concerned and those of Iceland or Norway in respect of the provisions referred to in Article 2 has been brought before it, has not been able to ensure the preservation of a uniform application and interpretation, the procedure in article 11 shall apply.

Article 11

1. In the case of a dispute about the application of this Agreement or in a case where the situation provided for in Article 10(2) occurs, the matter shall be officially entered as a matter of dispute on the agenda of the Mixed Committee at ministerial level.

2. The Mixed Committee shall have ninety days from the date of the adoption of the agenda on which the dispute has been entered within which to settle the dispute.

3. In a case where the dispute cannot be settled by the Mixed Committee within the period of ninety days envisaged in paragraph 2, a further period of thirty days shall be observed for reaching a final settlement.

If no final settlement is reached, this Agreement shall be considered as terminated with respect to Iceland or Norway, depending on which State the dispute concerns. Such termination shall take effect six months after the expiry of the thirty day period.

Article 12

1. As far as administrative costs involved in the application of this Agreement are concerned, Iceland and Norway shall contribute to the general budget of the European Communities an annual sum of:

- for Iceland 0,1 %

- for Norway 4,995 %

of an amount of 300000000 BEF (or an equivalent amount in euro) subject to annual adjustment in view of the rate of inflation within the European Union.

In cases where operational costs involved in the application of this Agreement are not attributed to the general budget of the European Communities, but are directly incumbent upon the participating Member States, Iceland and Norway shall contribute to these costs in accordance with the percentage of the gross national product of their countries in relation to the gross national product of all participating States.

In cases where operational costs are attributed to the general budget of the European Community, Iceland and Norway shall share in these costs by contributing to the said budget an annual sum in accordance with the percentage of the gross national product of their countries in relation with the gross national product of all participating States.

2. Iceland and Norway shall have the right to receive documents drawn up by the Commission or within the Council pertaining to this Agreement and, at meetings of the Mixed Commitee, to request interpretation into an official language of the institutions of the European Communities of their choice. However, any costs of translation or interpretation into or form Icelandic or Nowegian shall be borne by Iceland or Norway, as the case may be.

Article 13

1. This Agreement shall not affect in any way the Agreement on the European Economic Area or any other agreement concluded between the European Community and Iceland and/or Norway.

2. This Agreement shall not affect in any way any future agreements to be concluded with Iceland and/or Norway by the European Community, or on the basis of Articles 24 and 38 of the Treaty on European Union.

3. This Agreement shall not affect the cooperation in the framework of the Nordic passport Union, to the extent that such cooperation is not contrary to and does not hinder this Agreement and the acts and measures based on this Agreement.

Article 14

This Agreement does not apply to Svalbard (Spitzbergen).

Article 15

1. This Agreement shall enter into force one month following the day on which the Secretary General of the Council, who shall act as its depositary, has established that all formal requirements concerning the expression of the consent by or on behalf of the Parties to this Agreement to be bound by it have been fulfilled.

2. Articles 1, 3, 4, 5 and 8(2)(a), first sentence shall apply provisionally as from the time of signature of this Agreement.

3. With respect to acts or measures adopted after the signature of this Agreement but before its entry into force, the period of thirty days referred to in Article 8(2)(a), last sentence shall start to run from the day of entry into force of this Agreement.

4. The provisions referred to in Annex A und Annex B, as well as those already adopted pursuant to Article 2(3), shall be put into effect for Iceland and Norway on a date to be fixed by the Council acting by unanimity of its Members representing the Member States which participate in the closer cooperation authorised by the Schengen Protocol, after consultations in the Mixed Committee in accordance with Article 4 of this Agreement, having satisfied itself that the preconditions for the implementation of the relevant provisions have been fulfilled by Iceland and Norway and that controls at their external borders are effective.

5. The putting into effect of the provisions referred to in paragraph 4 shall create rights and obligations between Iceland and Norway, and between Iceland and Norway on the one hand, and the European Community and those of its Member States in respect of which those provisions have also been put into effect, on the other hand.

Article 16

This Agreement may be denounced by Iceland or by Norway or by decision of the Council, acting by the unanimity of its members representing the Member States which participate in the closer cooperation authorised by the Schengen Protocol. Such denunciation shall be notified to the depositary. It shall take effect six months after notification.

Article 17

The consequences of denunciation of this Agreement by, or its termination with respect to, Iceland or Norway shall be the subject of an agreement between the remaining Parties and the Party which has denounced this Agreement or with respect to which the termination is to take effect. If no agreement can be reached, the Council shall decide after consultation of the remaining associated Contracting Party on the necessary measures. However, these measures shall be binding upon that Party only if they are accepted by it.

Article 18

This Agreement replaces the Cooperation Agreement between the Kingdom of Belgium, the French Republic, the Federal Republic of Germany, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Italian Republic, the Kingdom of Spain, the Portuguese Republic, the Hellenic Republic, the Republic of Austria, the Kingdom of Denmark, the Republic of Finland, the Kingdom of Sweden, Contracting Parties to the Schengen Agreement and the Schengen Convention, and the Republic of Iceland and the Kingdom of Norway on the abolition of controls on persons at their common borders, signed in Luxembourg on 19 December 1996.

Done at Brussels on the eighteenth day of May in the year one thousand nine hundred and ninety-nine in a single original, in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish, Swedish, Icelandic and Norwegian languages, each text being equally authentic, such original remaining deposited in the archives of the General Secretariat of the European Union.

Por el Consejo de la Unión Europea/For Rådet for Den Europæiske Union/Für den Rat der Europäischen Union/Για το Συμβούλιο της Ευρωπαϊκής Ένωσης/For the Council of the European Union/Pour le Conseil de l'Union européenne/Per il Consiglio dell'Unione europea/Voor de Raad van de Europese Unie/Pelo Conselho da União Europeia/Euroopan unionin neuvoston puolesta/För Europeiska unionens råd/Fyrir hönd ráðs Evrópusambandsins/For Rådet for Den europeiske union

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Por la República de Islandia/For Republikken Island/Für die Republik Island/Για τη Δημοκρατία της Ισλανδίας/For the Republic of Iceland/Pour la République d'Islande/Per la Repubblica d'Islanda/Voor de Republiek IJsland/Pela República da Islândia/Islannin tasavallan puolesta/På Republiken Islands vägnar/Fyrir hönd Lyðveldisins Íslands/For Republikken Island

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Por el Reino de Noruega/For Kongeriget Norge/Für das Königreich Norwegen/Για το Βασίλειο της Νορβηγίας/For the Kingdom of Norway/Pour le Royaume de Norvège/Per il Regno di Norvegia/Voor het Koninkrijk Noorwegen/Pelo Reino da Noruega/Norjan kuningaskunnan puolesta/På Konungariket Norges vägnar/Fyrir hönd Konungsríkisins Noregs/For Kongeriket Norge

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ANNEX A

(Article 2 paragraph 1)

Part 1 of this Annex refers to the 1985 Schengen Agreement and the 1990 Schengen Convention implementing the 1985 Schengen Agreement. Part 2 refers to the instruments of Accession and Part 3 to the relevant secondary Schengen acts.

PART 1

The provisions of 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 abolution of checks at their common borders.

All 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 Luxemburg and the Kingdom of the Netherlands, implementing the Schengen Agreement of 15 June 1985, with the exception of:

Article 2(4)

Article 4, as far as controls on baggage are concerned

Article 10(2)

Article 19(2)

Articles 28 to 38 and related definitons

Article 60

Article 70

Article 74

Article 77 to 91 to the extent covered by Council Directive 91/477/EEC on control of the acquisiton and possession of firearms

Articles 120 to 125

Articles 131 to 133

Article 134

Articles 139 to 142

Final Act: declaration 2

Final Act: declarations 4, 5 and 6

Protocol

Common declaration

Declaration by Ministers and State Secretaries.

PART 2

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 19 December 1996), with the exception of:

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 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 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 5 and 6

Final Act: Part I

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 I

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 Bonne 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 Protocol on accession by the Government of the Italian Republic, the Kingdom of Spain ant the Portuguese Republic, and the Hellenic Republic, signed on 27 November 1990, on 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 aboliton 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 aboliton 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 Åland 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 aboliton 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

A. The following Decisions of the Executive Committee:

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B. The following Declarations of the Executive Committee:

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C. The following Decisions of the Central Group

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ANNEX B

(Article 2 paragraph 2)(1)

Council Regulation (EC) No 574/1999 of 12 March 1999 determining the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States (OJ L 72, 18.3.1999, p. 2)(2);

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) and Commission Decision of 7 February 1996 laying down further technical specifications for the uniform format for visas (not published);

Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (OJ L 256, 13.9.1991, p. 51) and Commission Recommendation 93/216/EEC of 25 February 1993 on the European firearms pass (OJ L 93, 17.4.1993, p. 39) as modified by Commission Recommendation 96/129/EC of 12 January 1996 (OJ L 30, 8.2.1996, p. 47).

(1) See also the declaration of the Council and the Commission in respect of Directive 95/46/EC, adopted at the time of conclusion of the present Agreement.

(2) Without prejudice to its relationship to the provisions on the determination of third countries whose nationals must be in possession of visas or are dispensed of such obligations, adopted in the framework of the Schengen cooperation, which will continue to be applied upon integration of the Schengen acquis within the framework of the European Union and which are covered by the terms of Annex A.

FINAL ACT

The Contracting Parties have adopted this Final Act, containing the following declarations:

1. Declaration by Iceland and Norway on Article 4(2)

Regarding meetings of the Mixed Committee at ministerial level, Iceland and Norway consider that it is up to them to assess whether a particular issue is to be regarded as "problems they encounter" (first indent of the provision) or "concern to them" (second indent of the provision), and is of a nature requiring discussions at ministerial level. It is, in accordance with the common interest of the Parties, foreseen that such "problems" and "concerns" will normally surface in the course of the regular cooperation in a manner which will lead to their inclusion on the agenda of the Mixed Committee at ministerial level. Nevertheless, Iceland and Norway emphasise the right of the members of the Mixed Commitee to request meetings of the Mixed Committee at any level in accordance with Article 3(3) of the Agreement.

2. Declaration by Iceland and Norway on Article 8(4)

In cases where a situation set out in Article 8(4)(a), (b) or (d) occurs, Iceland or Norway will avail itself of the opportunity provided for in Article 3(3), to request a meeting of the Committee at ministerial level in order to seek ways to continue the Agreement.

3. Declaration by Iceland and Norway on extradition

1. Reservations made pursuant to Article 13 of the European Covention on the Suppression of Terrorism, opened for signature in Strasbourg on 27 January 1977, shall not be applied in extradition procedures in relations with Member States of the European Union which ensure equal treatment.

2. Declarations made pursuant to Article 6(1) of the European Covention on Extradition, opened for signature in Paris on 13 December 1957, shall not be invoked as grounds for refusing to extradite residents from non-Nordic States to Member States of the European Union which ensure equal treatment.

4. Joint declaration on Parliamentary consultation

The European Union, Iceland and Norway consider it appropriate that matters falling under this Agreement be discussed in the European Parliament-Iceland and the European Parliament-Norway interparliamentary meetings.

5. Declaration by the Council of the European Union, adopted by the unanimity of its Members referred to in Article 6(1) of the Schengen Protocol on decisions to be taken by the Mixed Committee

It is the understanding of the Council that decisions to be taken by the Mixed Committee pursuant to the Agreement shall be taken unanimously by the representatives of the Members of the Council referred to in Article 6(1) of the Schengen Protocol and by the representatives of the governments of Iceland and Norway, unless the Rules of Procedure or the Agreement ot be concluded under Article 6(2) of the Schengen Protocol provide otherwise.

6. Declaration by the European Commission on making available proposals

When transmitting its proposals which are relevant for this Agreement to the Council of the European Union and to the European Parliament, the European Commission shall transmit copies thereof to Iceland and Norway.

Hecho en Bruselas, el dieciocho de mayo de mil novecientos noventa y nueve.

Udfærdiget i Bruxelles den attende maj nitten hundrede og nioghalvfems.

Geschehen zu Brüssel am achtzehnten Mai neunzehnhundertneunundneunzig.

Έγινε στις Βρυξέλλες, στις δέκα οκτώ Μαΐου χίλια εννιακόσια ενενήντα εννέα.

Done at Brussels on the eighteenth day of May in the year one thousand nine hundred and ninety-nine.

Fait à Bruxelles, le dix-huit mai mil neuf cent quatre-vingt dix-neuf.

Fatto a Bruxelles, addì diciotto maggio millenovecentonovantanove.

Gedaan te Brussel, de achttiende mei negentienhonderd negenennegentig.

Feito em Bruxelas, em dezoito de Maio de mil novecentos e noventa e nove.

Tehty Brysselissä kahdeksantenatoista päivänä toukokuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän.

Som skedde i Bryssel den artonde maj nittonhundranittionio.

Gjört í Brussel 18. maí 1999.

Utferdiget i Brussel, attende mai nittenhundreognittini.

Por el Consejo de la Unión Europea/For Rådet for Den Europæiske Union/Für den Rat der Europäischen Union/Για το Συμβούλιο της Ευρωπαϊκής Ένωσης/For the Council of the European Union/Pour le Conseil de l'Union européenne/Per il Consiglio dell'Unione europea/Voor de Raad van de Europese Unie/Pelo Conselho da União Europeia/Euroopan unionin neuvoston puolesta/För Europeiska unionens råd/Fyrir hönd ráðs Evrópusambandsins/For Rådet for Den europeiske union

>PIC FILE= "L_1999176EN.005201.TIF">

Por la República de Islandia/For Republikken Island/Für die Republik Island/Για τη Δημοκρατία της Ισλανδίας/For the Republic of Iceland/Pour la République d'Islande/Per la Repubblica d'Islanda/Voor de Republiek IJsland/Pela República da Islândia/Islannin tasavallan puolesta/På Republiken Islands vägnar/Fyrir hönd Lyðveldisins Íslands/For Republikken Island

>PIC FILE= "L_1999176EN.005202.TIF">

Por el Reino de Noruega/For Kongeriget Norge/Für das Königreich Norwegen/Για το Βασίλειο της Νορβηγίας/For the Kingdom of Norway/Pour le Royaume de Norvège/Per il Regno di Norvegia/Voor het Koninkrijk Noorwegen/Pelo Reino da Noruega/Norjan kuningaskunnan puolesta/På Konungariket Norges vägnar/Fyrir hönd Konungsríkisins Noregs/For Kongeriket Norge

>PIC FILE= "L_1999176EN.005203.TIF">

AGREEMENT IN THE FORM OF EXCHANGES OF LETTERS

between the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning committees which assist the European Commission in the exercise of its executive powers

A. Letter from the Community

Sir,

The Council refers to the negotiations concerning the Agreement concerning the association of the Republic of Iceland and the Kingdom of Norway to the implementation, application and development of the Schengen acquis and has taken good note of the request of Iceland and Norway, in the spirit of their participation in the decision-making process in the fields covered by the Agreement and in order to enhance the good functioning of the Agreement, to be fully associated with the work of the committees which assist the European Commission in the exercise of its executive powers.

The Council notes that in future, when such procedures will be applied in the fields covered by the Agreement, there will indeed be a need to associate Iceland and Norway with the work of these committees, also in order to ensure that the procedures of the Agreement have been applied to the acts or measures concerned, so that these may become binding on Iceland and Norway.

Therefore, the European Community is ready to commit itself to negotiate, as soon as the need arises, appropriate arrangements for the association of Iceland and Norway with the work of these committees.

I should be obliged if you would inform me of whether or not your Government is in agreement with the above.

Please accept, Sir, the assurance of my highest consideration.

Hecho en Bruselas, el dieciocho de mayo de mil novecientos noventa y nueve.

Udfærdiget i Bruxelles den attende maj nitten hundrede og nioghalvfems.

Geschehen zu Brüssel am achtzehnten Mai neunzehnhundertneunundneunzig.

Έγινε στις Βρυξέλλες, στις δέκα οκτώ Μαΐου χίλια εννιακόσια ενενήντα εννέα.

Done at Brussels on the eighteenth day of May in the year one thousand nine hundred and ninety-nine.

Fait à Bruxelles, le dix-huit mai mil neuf cent quatre-vingt dix-neuf.

Fatto a Bruxelles, addì diciotto maggio millenovecentonovantanove.

Gedaan te Brussel, de achttiende mei negentienhonderd negenennegentig.

Feito em Bruxelas, em dezoito de Maio de mil novecentos e noventa e nove.

Tehty Brysselissä kahdeksantenatoista päivänä toukokuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän.

Som skedde i Bryssel den artonde maj nittonhundranittionio.

Gjört í Brussel 18. maí 1999.

Utferdiget i Brussel, attende mai nittenhundreognittini.

Por el Consejo de la Unión Europea/For Rådet for Den Europæiske Union/Für den Rat der Europäischen Union/Για το Συμβούλιο της Ευρωπαϊκής Ένωσης/For the Council of the European Union/Pour le Conseil de l'Union européenne/Per il Consiglio dell'Unione europea/Voor de Raad van de Europese Unie/Pelo Conselho da União Europeia/Euroopan unionin neuvoston puolesta/För Europeiska unionens råd/Fyrir hönd ráðs Evrópusambandsins/For Rådet for Den europeiske union

>PIC FILE= "L_1999176EN.005401.TIF">

B. Letter from Iceland

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

"The Council refers to the negotiations concerning the Agreement concerning the association of the Republic of Iceland and the Kingdom of Norway to the implementation, application and development of the Schengen acquis and has taken good note of the request of Iceland and Norway, in the spirit of their participation in the decision-making process in the fields covered by the Agreement and in order to enhance the good functioning of the Agreement, to be fully associated with the work of the committees which assist the European Commission in the exercise of its executive powers.

The Council notes that in future, when such procedures will be applied in the fields covered by the Agreement, there will indeed be a need to associate Iceland and Norway with the work of these committees, also in order to ensure that the procedures of the Agreement have been applied to the acts or measures concerned, so that these may become binding on Iceland and Norway.

Therefore, the European Community is ready to commit itself to negotiate, as soon as the need arises, appropriate arrangements for the association of Iceland and Norway with the work of these committees.

I should be obliged if you would inform me of whether ornot your Governmet is in agreement with the above."

I am able to inform you that my Government is in agreement with the contents of your letter.

Please accept, Sir, the assurance of my highest consideration.

Hecho en Bruselas, el dieciocho de mayo de mil novecientos noventa y nueve.

Udfærdiget i Bruxelles den attende maj nitten hundrede og nioghalvfems.

Geschehen zu Brüssel am achtzehnten Mai neunzehnhundertneunundneunzig.

Έγινε στις Βρυξέλλες, στις δέκα οκτώ Μαΐου χίλια εννιακόσια ενενήντα εννέα.

Done at Brussels on the eighteenth day of May in the year one thousand nine hundred and ninety-nine.

Fait à Bruxelles, le dix-huit mai mil neuf cent quatre-vingt dix-neuf.

Fatto a Bruxelles, addì diciotto maggio millenovecentonovantanove.

Gedaan te Brussel, de achttiende mei negentienhonderd negenennegentig.

Feito em Bruxelas, em dezoito de Maio de mil novecentos e noventa e nove.

Tehty Brysselissä kahdeksantenatoista päivänä toukokuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän.

Som skedde i Bryssel den artonde maj nittonhundranittionio.

Gjört í Brussel 18. maí 1999.

Utferdiget i Brussel, attende mai nittenhundreognittini.

Por la República de Islandia/For Republikken Island/Für die Republik Island/Για τη Δημοκρατία της Ισλανδίας/For the Republic of Iceland/Pour la République d'Islande/Per la Repubblica d'Islanda/Voor de Republiek IJsland/Pela República da Islândia/Islannin tasavallan puolesta/På Republiken Islands vägnar/Fyrir hönd Lyðveldisins Íslands/For Republikken Island

>PIC FILE= "L_1999176EN.005601.TIF">

A. Letter from the Community

Sir,

The Council refers to the negotiations concerning the Agreement concerning the association of the Republic of Iceland and the Kingdom of Norway to the implementation, application and development of the Schengen acquis and has taken good note of the request of Iceland and Norway, in the spirit of their participation in the decision-making process in the fields covered by the Agreement and in order to enhance the good functioning of the Agreement, to be fully associated with the work of the committees which assist the European Commission in the exercise of its executive powers.

The Council notes that in future, when such procedures will be applied in the fields covered by the Agreement, there will indeed be a need to associate Iceland and Norway with the work of these committees, also in order to ensure that the procedures of the Agreement have been applied to the acts or measures concerned, so that these may become binding on Iceland and Norway.

Therefore, the European Community is ready to commit itself to negotiate, as soon as the need arises, appropriate arrangements for the association of Iceland and Norway with the work of these committees.

I should be obliged if you would inform me of whether or not your Government is in agreement with the above.

Please accept, Sir, the assurance of my highest consideration.

Hecho en Bruselas, el dieciocho de mayo de mil novecientos noventa y nueve.

Udfærdiget i Bruxelles den attende maj nitten hundrede og nioghalvfems.

Geschehen zu Brüssel am achtzehnten Mai neunzehnhundertneunundneunzig.

Έγινε στις Βρυξέλλες, στις δέκα οκτώ Μαΐου χίλια εννιακόσια ενενήντα εννέα.

Done at Brussels on the eighteenth day of May in the year one thousand nine hundred and ninety-nine.

Fait à Bruxelles, le dix-huit mai mil neuf cent quatre-vingt dix-neuf.

Fatto a Bruxelles, addì diciotto maggio millenovecentonovantanove.

Gedaan te Brussel, de achttiende mei negentienhonderd negenennegentig.

Feito em Bruxelas, em dezoito de Maio de mil novecentos e noventa e nove.

Tehty Brysselissä kahdeksantenatoista päivänä toukokuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän.

Som skedde i Bryssel den artonde maj nittonhundranittionio.

Gjört í Brussel 18. maí 1999.

Utferdiget i Brussel, attende mai nittenhundreognittini.

Por el Consejo de la Unión Europea/For Rådet for Den Europæiske Union/Für den Rat der Europäischen Union/Για το Συμβούλιο της Ευρωπαϊκής Ένωσης/For the Council of the European Union/Pour le Conseil de l'Union européenne/Per il Consiglio dell'Unione europea/Voor de Raad van de Europese Unie/Pelo Conselho da União Europeia/Euroopan unionin neuvoston puolesta/För Europeiska unionens råd/Fyrir hönd ráðs Evrópusambandsins/For Rådet for Den europeiske union

>PIC FILE= "L_1999176EN.005801.TIF">

B. Letter from Norway

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

"The Council refers to the negotiations concerning the Agreement concerning the association of the Republic of Iceland and the Kingdom of Norway to the implementation, application and development of the Schengen acquis and has taken good note of the request of Iceland and Norway, in the spirit of their participation in the decision-making process in the fields covered by the Agreement and in order to enhance the good functioning of the Agreement, to be fully associated with the work of the committees which assist the European Commission in the exercise of its executive powers.

The Council notes that in future, when such procedures will be applied in the fields covered by the Agreement, there will indeed be a need to associate Iceland and Norway with the work of these committees, also in order to ensure that the procedures of the Agreement have been applied to the acts or measures concerned, so that these may become binding on Iceland and Norway.

Therefore, the European Community is ready to commit itself to negotiate, as soon as the need arises, appropriate arrangements for the association of Iceland and Norway with the work of these committees.

I should be obliged if you would inform me of whether or not your Government is in agreement with the above."

I am able to inform you that my Government is in agreement with the contents of your letter.

Please accept, Sir, the assurance of my highest consideration.

Hecho en Bruselas, el dieciocho de mayo de mil novecientos noventa y nueve.

Udfærdiget i Bruxelles den attende maj nitten hundrede og nioghalvfems.

Geschehen zu Brüssel am achtzehnten Mai neunzehnhundertneunundneunzig.

Έγινε στις Βρυξέλλες, στις δέκα οκτώ Μαΐου χίλια εννιακόσια ενενήντα εννέα.

Done at Brussels on the eighteenth day of May in the year one thousand nine hundred and ninety-nine.

Fait à Bruxelles, le dix-huit mai mil neuf cent quatre-vingt dix-neuf.

Fatto a Bruxelles, addì diciotto maggio millenovecentonovantanove.

Gedaan te Brussel, de achttiende mei negentienhonderd negenennegentig.

Feito em Bruxelas, em dezoito de Maio de mil novecentos e noventa e nove.

Tehty Brysselissä kahdeksantenatoista päivänä toukokuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän.

Som skedde i Bryssel den artonde maj nittonhundranittionio.

Gjört í Brussel 18. maí 1999.

Utferdiget i Brussel, attende mai nittenhundreognittini.

Por el Reino de Noruega/For Kongeriget Norge/Für das Königreich Norwegen/Για το Βασίλειο της Νορβηγίας/For the Kingdom of Norway/Pour le Royaume de Norvège/Per il Regno di Norvegia/Voor het Koninkrijk Noorwegen/Pelo Reino da Noruega/Norjan kuningaskunnan puolesta/På Konungariket Norges vägnar/Fyrir hönd Konungsríkisins Noregs/For Kongeriket Norge

>PIC FILE= "L_1999176EN.006001.TIF">

STATEMENTS

1. Statement of the Council, adopted by the unanimity of its Members referred to in Article 6(1) of the Schengen Protocol

"It is the understanding of the Council that decisions to be taken by the Mixed Committee pursuant to the Arrangement shall be taken unanimously by the representatives of the Members of the Council referred to in Article 6(1) of the Schengen Protocol and by the representatives of the governments of Iceland and Norway, unless the Rules of Procedure or the Agreement to be concluded under Article 6(2) of the Schengen Protocol provide otherwise."

2. Statement by the Council and the Commission in respect of Directive 95/46/EC

"Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31) has not been included in Annex B to the Agreement with the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis, in view of the proposal of the Commission of 2 December 1998 for the Decision of the Joint Committee of the EEA to include that Directive in Annex XI to the EEA Agreement(1).

The European Union is of the view that this Directive constitutes an integral part of the Schengen acquis insofar as it has replaced provisions of the 1990 Schengen Convention pursuant to Article 134 of that Convention.

If the Directive were not included in Annex XI of the EEA Agreement, the Union assumes that the Republic of Iceland and the Kingdom of Norway will take the necessary steps to ensure that they will apply its provisions.

This statement will be published together with the text of the aforementioned Agreement with the Republic of Iceland and the Kingdom of Norway in the Official Journal of the European Communities."

3. Statement entered in the Council minutes at the time of the adoption of the negotiating directives

"The Council agrees that any matter concerning the implementation of the Agreement with Iceland and Norway is to be placed on the agenda for the Mixed Committee in timely fashion. Before the Mixed Committee meets, the Presidency will, if it so considers necessary or at the request of any delegation or of the Commission, call a meeting of the competent Council body in order to ascertain whether any particular matter does not need to be referred to the Mixed Committee or whether any particular other matter would be better first discussed or resolved within the Union (for example, visa questions or other questions to which the association procedure provided for in Article 6 of the Schengen Protocol does not strictly apply).

Re point I on the list(2): neither proposals being negotiated within the Union nor the adaptation or development of acts based on the Treaty on European Union on the entry into force of the Amsterdam Treaty may be referred to the Mixed Committee before a reasonabletime has elapsed.

The fact that certain matters are not dealt with under the procedure laid down in the Agreement to be concluded on the basis of the first paragraph of Article 6 of the Schengen Protocol does not, of course, rule out the possibility of reguarly informing our Icelandic and Norwegian partners of developments within the Union in relation to such matters."

4. Declaration of the negotiating delegations made at the time of the initialling of the Agreement

"The negotiating delegations take note of Declaration 47 of the Intergovernmental Conference on the occasion of the signature of the Treaty of Amsterdam.

They agree that it would be desirable that the Contracting Parties to the Agreement take the necessary preparatory steps so as to allow the entry into force of the Agreement on the same day as the date of entry into force of the Treaty of Amsterdam."

5. Declaration of the negotiating delegations from the Presidency of the Council, the Commission and Norway

"The negotiating delegations from the Presidency of the Council, the Commission and from Norway share the understanding that the question as to the cases in which provisional application would be possible under Norwegian law does not affect the application of paragraph 4 of Article 8 of the Agreement."

(1) Council Doc. 13992/98 EEE 96 ECO 466 of 9 December 1998.

(2) See Article 1 of the draft decision of the Council on certain arrangements for the application of the Agreement concluded by the Council and the Republic of Iceland and the Kingdom of Norway concerning the association of those States with the implementation, application and further development of the Schengen acquis (doc. 6611/3/99 SCHENGEN 17 Rev. 3 of 22 April 1999).