Keywords
Summary

Keywords

1. European Union – Police and judicial cooperation in criminal matters – Protocol integrating the Schengen acquis – Article 5(1), second subparagraph – Scope

(Protocol integrating the Schengen acquis into the framework of the European Union, Arts 4 and 5(1), second subpara.)

2. Visas, asylum, immigration – Crossing of the external borders of the Member States – Common rules on standards and procedures for border controls

(Protocol integrating the Schengen acquis into the framework of the European Union, Art. 5(1), first subpara.; Council Regulation No 2252/2004, second and third recitals and Arts 1, 2, and 4(3))

Summary

1. The second subparagraph of Article 5(1) of the Protocol integrating the Schengen acquis into the framework of the European Union must be interpreted as being applicable only to proposals and initiatives to build upon an area of the Schengen acquis which the United Kingdom and/or Ireland have been authorised to take part in pursuant to Article 4 of that protocol.

(see para. 50)

2. Checks on persons at the external borders of the Member States and consequently the effective implementation of the common rules on standards and procedures for those checks must be regarded as constituting elements of the Schengen acquis for the purposes of the first subparagraph of Article 5(1) of the Protocol integrating the Schengen acquis into the framework of the European Union.

In so far as the verification of the authenticity of passports and other travel documents constitutes the main element of checks on persons at external borders, measures which make it possible to establish that authenticity and the identity of the holder of the document in question more easily and more reliably must be regarded as capable of guaranteeing and improving the effectiveness of those checks and thereby of the integrated management of external borders established by the Schengen acquis.

Having regard to its purpose and content, Regulation No 2252/2004 on standards for security features and biometrics in passports and travel documents issued by Member States must be regarded as constituting such a measure. It is apparent from recitals 2 and 3 in the preamble to that regulation and from Article 4(3) thereof that it is intended to combat falsification and fraudulent use of passports and other travel documents issued by the Member States. In order to achieve that objective, as is apparent from Articles 1 and 2 thereof, the said regulation harmonises and improves the minimum security standards with which passports and travel documents issued by the Member States must comply, and provides for a number of biometric features relating to the holders of such documents to be inserted in those documents.

(see paras 58-60, 65-66)