Norway: Norwegian Agreement with Schengen
01 May 1996
The Nordic countries have negotiated agreements with the Schengen group, and on 1 May the five countries became observers in Schengen. While Denmark, Sweden and Finland, being EU members, have negotiated with a view towards full membership, Norway and Iceland, who are outside the Union, have negotiated a non-membership association.
For Norway and Iceland, an agreement has been reached on "the institutional framework" of an association with Schengen. A final Cooperative Agreement on details is expected to be concluded sometime during the fall of 1996. In summary, form, the agreement on "the institutional framework" comprises the following provisions:
1. Norway and Iceland are invited to participate in all working groups, committees and sub-committees, as well as in the meetings of the Central Group and the Executive Committee. The two countries may express their views and particular interests, but do not have the right to vote. Norway and Iceland decide on an independent basis whether or not to accept decisions made in Schengen. If accepted, the decisions will be applied also for Norway and Iceland.
2. Decisions which are accepted by Norway and Iceland create rights and duties in the relationship between the Schengen countries and Norway and Iceland.
3. If a pending decision of the Executive Committee is expected to be unacceptable to Norway or Iceland the chairman is obliged - during the meeting in the Executive Committee and before the decision is made - to raise specifically the question of Norway's and Iceland's standpoint. The Executive Committee makes its decision only after having reviewed Norway's and Iceland's standpoint.
4. If new Union regulations are made applicable to the Schengen states instead of Schengen regulations. Norway and Iceland will be given an opportunity to communicate to the Executive Committee whether they accept the new regulations.
5. If Norway or Iceland does not accept a decision made by the Executive Committee, or if regulations are substituted as indicated in No. 4, the co-operation between the Schengen states and Norway or Iceland will cease pursuant to a procedure to be specified in the Cooperative Agreement.
Norwegian opinion is strongly divided on the issues of association with Schengen. In Parliament the majority, consisting of the Labour Party (which runs a minority government), the Conservatives and the ultra right so-called Progressive Party are in favour, while a substantial minority, consisting of the Centre Party, the Christian Democrats, the Socialist Left Party and the Workers' Communist Party, are doubtful or negative. The dividing line is similar to the line during the debate on Union membership, which was concluded with a "no vote" in a national referendum in 1994. The "No to the Union" organization, which was very active during the period preceding the 1994 referendum, is also actively engaged against Schengen.
The majority in parliament argues that cooperation with Schengen is necessary to save the Nordic passport union. The Nordic EU-states, it is claimed, will enter Schengen regardless of what Norway does. Therefore, if Norway does not enter, the forty years old Nordic passport union will presumably be terminated. The majority also argue that Schengen will be a helpful aid in combatting organized crime.
The minority points to the fact that the Nordic EU countries have officially promised not to enter Schengen if the Nordic passport union is endangered. It also argues that Schengen raises a series of questions such as visa and asylum arrangements, civil rights issues in connection with Schengen Information System, and so on, which make Norwegian association inadvisable. It is also claimed that the kind of cooperation with Schengen which is envisaged is in conflict with the no vote to Union membership in 1994, especially in the light of efforts within the Union to integrate Schengen in the third pillar.
The minority in parliament also argues t