Status dispute hinders Schengen integration

Date: 16/07/1998

By Simon Coss

EFFORTS to integrate the Schengen free movement agreement into the European Union have run into fresh problems over the status of non-EU states Iceland and Norway in any future institutional set-up.

The Schengen accord is currently not part of Union law, and Norway and Iceland have what amounts to observer status at meetings between the pact's signatory states.

In theory, membership of the non-EU Schengen Convention is only open to existing Union member states. However, because Nordic EU members Denmark, Sweden and Finland have a long-established customs union with the two non-Union countries, it was decided that some system of formal contact was needed.

Schengen signatories agreed in 1996 that the duo could take part in 'decision-shaping' but not 'decision-making' in Schengen negotiations.

While Schengen has been outside the EU, this compromise seems to have worked well.

However, now that preparations are being made to integrate the agreement into the Union's founding treaties problems are beginning to emerge.

When it comes to deciding on the status of Norway and Iceland 'post-Amsterdam', there are two schools of thought. Denmark, Sweden and Finland argue that the 1996 agreement should continue to apply. “From an overall point of view we support a pragmatic solution. The Amsterdam Treaty says Norway and Iceland should have the same influence in the Schengen agreement as they have now,” explained one Danish diplomat.

In practical terms, the Nordic camp believes that their two northern neighbours should have a more or less automatic right to participate in any future Schengen-related meetings.

However, the French believe that granting non-EU states special status could be dangerous. “They say if too many exceptions are made for Iceland and Norway that could set possibly dangerous precedents for the future when the Union enlarges towards the East,” explained one official.

There is already evidence to support the French view. In recent weeks Poland has become increasingly vociferous about the problems it will face when it is obliged to tighten up its traditionally flexible border with eastern neighbour Ukraine.

Paris says that as a matter of principle, Norway and Iceland should ask for permission to participate in Schengen meetings on a case-by-case basis.

The French are also understood to be particularly unhappy with the idea of the two countries taking part in the regular Coreper talks between EU ambassadors.

However, given that the issue needs to be resolved before Amsterdam enters into force, most observers predict the two sides will reach a compromise solution.