THE HIGH CONTRACTING PARTIES,
RECALLING that the provisions of the Schengen acquis consisting of the Agreements
on the gradual abolition of checks at common borders, signed by some Member States
of the European Union in Schengen on 14 June 1985 and on 19 June 1990, as well as
related agreements and rules adopted on the basis of these agreements, have been
integrated into the framework of the European Union by a Protocol annexed to the Treaty
on European Union and to the Treaty establishing the European Community;
DESIRING to preserve the Schengen acquis, as developed since the entry into force
of
the abovementioned Protocol, within the framework of the Constitution, and to develop
this acquis in order to contribute towards achieving the objective of offering citizens of
the Union an area of freedom, security and justice without internal borders;
TAKING INTO ACCOUNT the special position of Denmark;
TAKING INTO ACCOUNT the fact that Ireland and the United Kingdom of Great Britain
and Northern Ireland do not participate in all the provisions of the Schengen acquis;
provision should, however, be made to allow those Member States to accept other
provisions of this acquis in full or in part;
RECOGNISING that, as a consequence, it is necessary to make use of the provisions
of
the Constitution concerning closer cooperation between some Member States;
TAKING INTO ACCOUNT the need to maintain a special relationship with the Republic
of
Iceland and the Kingdom of Norway, both States being bound by the provisions of the
Nordic passport union, together with the Nordic States which are members of the
European Union;
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty
establishing a Constitution for Europe,