The Edinburgh Agreement or Edinburgh Decision is a December 1992 agreement reached at a European Council meeting in Edinburgh, Scotland, that granted Denmark four exceptions to the

Maastricht Treaty The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve member states of the European Communities, it announced "a new stage in the p ...

so that it could be ratified by Denmark. This was necessary because, without all member states of the European Union ratifying it, it could not come into effect. Denmark had first

rejected ''Rejected'' is an animated film directed by Don Hertzfeldt that was released in 2000. It was nominated for an Academy Award for Best Animated Short Film the following year at the 73rd Academy Awards, and received 27 awards from film festivals ...

the Maastricht treaty, but with the addition of the Edinburgh Agreement, ratified the treaty in a 1993 referendum. The member states that had already ratified the Maastricht Treaty did not have to do so again. Denmark obtained four opt-outs from the

following the treaty's initial rejection in a 1992 referendum. The opt-outs are outlined in the Edinburgh Agreement and concern the

Economic and Monetary Union An economic and monetary union (EMU) is a type of trade bloc that features a combination of a common market, customs union, and monetary union. Established via a trade pact, an EMU constitutes the sixth of seven stages in the process of economic ...

(EMU), the

Common Security and Defence Policy The Common Security and Defence Policy (CSDP) is the European Union's (EU) course of action in the fields of defence and crisis management, and a main component of the EU's Common Foreign and Security Policy (CFSP). The CSDP involves the deplo ...

(CSDP),

Justice and Home Affairs The area of freedom, security and justice (AFSJ) is a collection of justice as well as migration & home affairs policies designed to ensure security, rights and free movement within the European Union (EU). Fields covered include the harmonisati ...

(JHA) and the

citizenship of the European Union European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additio ...

. With these opt-outs the Danish people accepted the treaty in a second referendum held in 1993. On 1 June 2022, Denmark abolished its opt-out from the CSDP. The EMU opt-out means Denmark is not obliged to participate in the third phase of the

European Exchange Rate Mechanism The European Exchange Rate Mechanism (ERM II) is a system introduced by the European Economic Community on 1 January 1999 alongside the introduction of a single currency, the euro (replacing ERM 1 and the euro's predecessor, the ECU) as ...

, i.e. to replace the Danish krone with the euro. The abolition of the euro opt-out was put to a referendum in 2000 and was rejected. The opt-out from the CSDP, also known as the "defence opt-out", originally meant Denmark would not be obliged to join the Western European Union (which originally handled the defence tasks of the EU). The abolition of the defence opt-out was put to a referendum on 1 June 2022, where Denmark voted to abolish it. Until 1 June 2022, the defence opt-out meant that Denmark did not participate in the European Union's foreign policy where defence is concerned. Denmark did not take part in decisions nor act in that area. It did not contribute troops to missions conducted under the auspices of the European Union, and did not participate in the

European Defence Agency The European Defence Agency (EDA) is an agency of the European Union (EU) that promotes and facilitates integration between member states within the EU's Common Security and Defence Policy (CSDP). The EDA is headed by the High Representative ...

. The JHA opt-out exempts Denmark from certain areas of home affairs. Significant parts of these areas were transferred from the third European Union pillar to the first under the

Amsterdam Treaty The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; i ...

; Denmark's opt-outs from these areas were kept valid through additional protocols, so they now have an opt-out from the Area of freedom, security and justice. Acts made under those powers are not binding on Denmark except for those relating to Schengen, which are instead conducted on an intergovernmental basis with Denmark. Under the

Treaty of Lisbon The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member sta ...

, Denmark can change its JHA opt-out from a complete opt-out to the case-by-case opt-in version applying to Ireland whenever it wishes. The citizenship opt-out stated that European citizenship did not replace national citizenship; this opt-out was rendered meaningless when the

adopted the same wording for all members. The four exceptions granted to Denmark are as follows:

Section A: Citizenship

The provisions of Part Two of the Treaty establishing the European Community relating to citizenship of the Union give nationals of the Member States additional rights and protection as specified in that Part. They do not in any way take the place of national citizenship. Whether an individual possesses the nationality of a Member State will be settled solely by reference to the national law of the Member State concerned. While this opt-out is still officially in force, the adoption of

Treaty of Amsterdam The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; i ...

(which includes a similar provision applying to all member states) makes the citizenship opt-out effectively moot.

Section B: Economic and monetary union

The Protocol on certain provisions relating to Denmark attached to the Treaty establishing the European Community gives Denmark the right to notify the

Council of the European Communities The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as ...

of its position concerning participation in the third stage of

. Denmark has given notification that it will not participate in the third stage. This notification will take effect upon the coming into effect of this decision. As a consequence, Denmark will not participate in the single currency, will not be bound by the rules concerning economic policy which apply only to the Member States participating in the third stage of Economic and Monetary Union, and will retain its existing powers in the field of monetary policy according to its national laws and regulations, including powers of the National Bank of Denmark in the field of monetary policy. Denmark will participate fully in the second stage of Economic and Monetary Union and will continue to participate in exchange-rate cooperation within the EMS. Note: The benefit of this exception is also debatable. Some other EU members have opted out of the common currency without an agreed exception. Sweden for instance does not have its own exception, whereas the United Kingdom did.

Section C: Defence policy

On 1 June 2022, Denmark held a referendum on the abolition of this opt-out. The referendum resulted in the abolition of the defence opt-out. Until the 2022 referendum, the Heads of State and Government noted that, in response to the invitation from the Western European Union (WEU), Denmark had become an observer to that organisation. They also noted that nothing in the Treaty on European Union committed Denmark to become a member of the WEU. Accordingly, Denmark did not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications, but would not prevent the development of closer cooperation between Member States in this area.

Section D: Justice and home affairs

Denmark will participate fully in cooperation on Justice and Home Affairs on the basis of the provisions of title VI of the Treaty on European Union.

References

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