Danish opt-out may not go far enough to secure treaty

PROVISIONS for British and Irish opt-outs from the newly-incorporated Schengen Treaty on passport-free travel are matched by a similar opt-out for the Danes. This is all the stranger for the fact that the Danes are actually members of Schengen and believe in its provisions.

But such is the Danish public's scepticism of Brussels that the Schengen incorporation into the EU is seen as tainting the Schengen treaty and subverting Danish sovereignty.

The opt-out has a peculiar effect. The Danes will be excluded from decision-making but required to implement the rules agreed if they want to preserve their passport-free travel with the rest of the EU and particularly their Nordic neighbours.

The result is paradoxically that the Norwegians and lcelanders, neither of them members of the EU, will be more involved in the shape of decisions than Copenhagen, as special arrangements will be made to allow their exceptional involvement in Council of Ministers meetings.

The Danish position, whose rationale is bewildering to most observers, also means that they will not be subject to the rulings of the European Court on Schengen issues except for those already agreed.

The Danish Prime Minister, Mr Poul Nyrup Rassmussen, last night described the outcome as "a good acceptable text which solves our problems". However, Danish journalists say that notwithstanding its strange form the opt-out may not go far enough to copperfasten the referendum on ratification.