Schengen Area - Legal Basis - The Schengen Agreement and The Schengen Convention

The Schengen Agreement and The Schengen Convention

The Schengen Area originally had its legal basis outside the then European Economic Community, having been established by a sub-set of member states of the Community using two international agreements:

  • The 1985 Schengen Agreement – 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.
  • The 1990 Schengen Convention – 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.

On being incorporated into the main body of European Union law by the Amsterdam Treaty, the Schengen Agreement and Convention were published in the Official Journal of the European Communities by a decision of the Council of Ministers. As a result the Agreement and Convention can be amended by regulations.

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