# EUR-Lex - 52014PC0713 - EN

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# 52014PC0713

**Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL repealing certain acts in the Area of Freedom Security and Justice /* COM/2014/0713 final - 2014/0337 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT
OF THE PROPOSAL

Ensuring that the EU legislative acquis
remains up to date and fit for purpose is a priority for the Commission.
Already in the Inter-institutional agreement of 16.12.2003 on better law-making[1], the European
Parliament, the Council and the Commission agreed that the volume of the law of
the European Union should be reduced by repealing acts that are no longer
applied. Such acts
should be removed from the law acquis of the European Union to improve transparency and give a
higher degree of certainty for all
citizens and all Member States.

This is in line
with the Commission's policy on Regulatory Fitness. In its Communication of
June 2014 on "Regulatory Fitness and Performance Programme (REFIT): State
of Play and Outlook"[2],
the Commission stated that it was screening the acquis in respect of
police cooperation and judicial cooperation in criminal matters in order to
identify acts which could be repealed in the context of the expiry of the
transitional period set out in the Treaties.

The Commission has now completed its assessment on the
legal acts related to the area of freedom, security and justice, including the
former third pillar acquis. A number of acts adopted in recent decades
have exhausted all their effects. They are no longer relevant because of their
temporary nature or because their content has been taken up by successive acts.
For reasons of legal certainty, the Commission proposes that the measures
referred to in this proposal are revoked by the European Parliament and the
Council.

I. Decision of the Executive Committee Sch/Com-ex (95) PV 1 rev[3] referred to a
very specific situation on the prior consultation requested by Portugal vis-à-vis Indonesian visa applicants. That Decision became obsolete as Regulation (EC)
No 810/2009[4]
(Visa Code) and Regulation (EC) No 767/2008[5] (VIS Regulation) provided for new rules on the
prior consultation of other Member States.

II.
Decision of the Executive Committee SCH/Com-ex (95) 21[6]
refers to Schengen States' obligation to exchange statistical information for
better monitoring migration at the external borders with the support of Schengen
Secretariat. That Decision became obsolete since Council Regulation (EC) No 2007/2004[7] entrusted FRONTEX
with carrying out risk analyses regarding emerging risks at the external
borders and developing and operating information systems enabling the exchange
of such information, including the Information and Coordination Network
established by Decision
2005/267/EC[8] and European
border surveillance system established by Regulation (EC) No 1052/2013[9].

III. Decision of the Executive Committee SCH/Com-ex (96) 13 rev 1[10] established
the principles regulating the rights and obligations of
representing and represented States in respect to the
issuance of Schengen visas in third States where not all Schengen States are
represented. That Decision became obsolete after the entry into force of
Regulation (EC) No 810/2009[11] that introduced a new set of rules on
the representation arrangements in situations where a Member State agrees to represent another Member State for the purpose of examining applications and
issuing visas on behalf of that Member State.

IV. Decision of the Executive Committee
SCH/Com-ex (97) 39 rev[12] established guiding principles for means
of proof and indicative evidence within the framework of readmission agreements
between Schengen States. That Decision became obsolete after the entry into force of Council Regulation
343/2003[13]
and of Commission Regulation (EC) No 1560/2003[14] providing
for the elements of proof and circumstantial evidence that
shall be used for determining the Member State responsible for examining the
application for asylum.

V. Decision
of the Executive Committee SCH/Com-ex (98) 1 rev 2[15] provided for a number of measures aiming at increasing the
efficiency of checks at external borders. That Decision became obsolete after
the entry into force of Regulation (EC)
No 562/2006 that introduced
new rules on checks at external borders and of Council Regulation (EC) No 2007/2004 which
entrusted FRONTEX with facilitating the application of Community measures
relating to the management of external borders.

VI. Decision of the Executive Committee SCH/Com-ex (98) 18 rev[16] established a
procedure to be followed by the Schengen States experiencing serious
difficulties in obtaining a laissez-passer to repatriate illegal foreign
nationals. That Decision became obsolete since the specific obligations and
procedures to be complied with by the authorities of the non-EU country and of
EU States for the repatriation of foreign nationals who are irregularly
residing in the EU are provided for in the readmission agreements that the EU
concludes with third countries.

VII. Decision of the Executive Committee SCH/Com-ex (98) 21[17] approved a number of common rules for affixing
stamps to the passports of all visa applicants as a mean of preventing the same
person from lodging multiple or successive visa applications. That Decision
became obsolete after the entry into force of Regulation (EC)
No 810/2009 (Visa Code).

VIII-IX.
Decision of the Executive Committee SCH/Com-ex (98) 37 def 2[18] introduced an
integrated approach for stepping up the fight against illegal migration that
were put into effect by the Decision of the Central Group SCH/C (98) 117[19]. Those Decisions
became obsolete after the entry into force of Regulation (EC) No 377/2004[20] that established the
common framework for posting immigration liaison officers in third countries,
Regulation 562/2006 which provided for a set of common measures on the control
at external borders and Council Decision 2009/371/JHA[21] that entrusted Europol
with specific tasks related to the exchange of information.

X. Decision of the Executive Committee SCH/Com-ex (98) 59 rev[22] provided for a set of
guidelines for the coordinated deployment of document advisers for air and
maritime traffic and at Member States' consular representations with the aim to
strengthen the combating of illegal immigration into the Schengen area. That
Decision became obsolete after the entry into force of Regulation (EC) No 377/2004 that
established new rules for the deployment of liaison officers in third
countries.

XI. Decision of the Executive Committee SCH/Com-ex (99) 7 rev 2[23] approved the plan for Member
States' reciprocal secondment of liaison officers to advise and assist in the
performance of checking at the external borders. This decision became obsolete
after the entry into force of Regulation (EC) No 562/2006 and Regulation (EC) No 2007/2004[24] which provide for the new
legal framework of cooperation between Member States on the control of the
external border, including secondment of liaison officers.

XII. Council Regulation (EC) No 189/2008[25] provided for the
specifications relevant to certain SIS II tests with the aim to demonstrate
that Central SIS II, the communication infrastructure and the interactions
between Central SIS II and the national systems (N.SIS II) work in accordance
with the technical and functional requirements set out in the SIS II legal
instruments. That Regulation exhausted its legal effect once the SIS II went
live on 9 April 2013.

3.           LEGAL
ELEMENTS OF THE PROPOSAL

Summary of the proposed measures The proposal repeals a number of legal measures in the Area of Freedom, Security and Justice that have been identified as obsolete.

Legal basis The legal basis for repealing Decision of the Executive Committee of 28 April 1995 on common visa policy (Sch/Com-ex (95) PV 1 rev) is Article 77(2)(a) of the Treaty on the Functioning of the European Union. The legal basis for repealing Decision of the Executive Committee of 20 December 1995 on the swift exchange between the Schengen States of statistical and specific data on possible malfunctions at the external borders (SCH/Com-ex (95) 21) is Article 77(2)(d) of the Treaty on the Functioning of the European Union. The legal basis for repealing Decision of the Executive Committee of 27 June 1996 on the principles for issuing Schengen visas in accordance with Article 30(1)(a) of the Convention implementing the Schengen Agreement  (SCH/Com-ex (96) 13 rev 1) is Article 77(2)(a) of the Treaty on the Functioning of the European Union. The legal basis for repealing Decision of the Executive Committee of 15 December 1997 on the guiding principles for means of proof and indicative evidence within the framework of readmission agreements between Schengen States (SCH/Com-ex (97) 39 rev) is Article 78(2)(e) of the Treaty on the Functioning of the European Union. The legal basis for repealing Decision of the Executive Committee of 21 April 1998 on the activities of the task force (SCH/Com-ex (98) 1 rev 2) is Article 77(2)(b) and Article 79(2)(c) and (d) of the Treaty on the Functioning of the European Union. The legal basis for repealing Decision of the Executive Committee of 23 June 1998 on measures to be taken in respect of countries posing problems with regard to the issue of documents required for expulsion from the Schengen territory (SCH/Com-ex (98) 18 rev) is Article 78(2)(g) of the Treaty on the Functioning of the European Union. The legal basis for repealing Decision of the Executive Committee of 23 June 1998 on the stamping of passports of visa applicants (SCH/Com-ex (98) 21) is Article 77(2)(a) of the Treaty on the Functioning of the European Union. The legal basis for repealing Decision of the Executive Committee of 27 October 1998 on the adoption of measures to fight illegal immigration (SCH/Com-ex (98) 37 def 2) is Article 77(2)(b) and Article 79(2)(c) of the Treaty on the Functioning of the European Union. The legal basis for repealing Decision of the Central Group of 27 October 1998 on the adoption of measures to fight illegal immigration (SCH/C (98) 117) is Article 77(2)(b) and Article 79(2)(c) of the Treaty on the Functioning of the European Union. The legal basis for repealing Decision of the Executive Committee of 16 December 1998 on coordinated deployment of document advisers (SCH/Com-ex (98) 59 rev) is Article 79(2)(c) of the Treaty on the Functioning of the European Union. The legal basis for repealing Decision of the Executive Committee of 28 April 1999 on liaison officers (SCH/Com-ex (99) 7 rev 2) is Article 87(2)(a) of the Treaty on the Functioning of the European Union. The legal basis for repealing Council Regulation (EC) No 189/2008 of 18 February 2008 is Article 77(2)(b) of the Treaty on the Functioning of the European Union.

Principles of subsidiarity and proportionality The measures concerned by this proposal are obsolete because their content has been taken up by successive acts. Therefore, it is in line with the principles of subsidiarity and of proportionality to repeal those measures. It is for the Union legislator to adopt the necessary measures to that effect.

Choice of instrument

Proposed instrument: European Parliament and Council decision.

4.           BUDGETARY IMPLICATION

The
proposal has no budgetary impact

2014/0337 (COD)

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

repealing certain acts in the Area of
Freedom Security and Justice

THE
EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 77(2)(a),(b) and (d), Article 78(2)(e) and (g),
Article 79(2)(c) and (d) and Article 87(2)(a) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       Improving the transparency
of Union law is an essential element of the better lawmaking strategy that the
institutions of the Union are implementing. In that context it is appropriate
to remove from the legislation in force those acts which no longer serve any
purpose.

(2)       A number of acts adopted
in the Area of Freedom, Security and Justice are no longer relevant because their content has been taken up by successive acts, even though
they have not been repealed.

(3)       Decision
of the Executive Committee Sch/Com-ex (95) PV 1 rev[26] referred to a very specific situation on the prior consultation
requested by Portugal vis-à-vis Indonesian visa applicants. That decision became
obsolete after the entry into force of Regulation (EC)
No 810/2009[27]
and of Regulation (EC) No 767/2008[28] providing for new
rules for the prior consultation of other Member States in relation to issuance
of visas.

(4)       Decision of the Executive
Committee SCH/Com-ex (95) 21[29]
provided for the obligation of Member States to exchange statistical
information for better monitoring the migration at external borders. That decision
became obsolete after the entry into force of Council Regulation (EC) No 2007/2004[30]
which entrusted FRONTEX with the task of carrying out risk analyses regarding
emerging risks and the current state of affairs at the external borders as well
as to develop and operate information systems enabling the exchange of such
information.

(5)       Decision
of the Executive Committee SCH/Com-ex (96) 13 rev 1[31] established the principles
regulating the rights and obligations of representing
and represented Member States in respect to the
issuance of the Schengen visas in third countries  where not all Schengen
States are represented. That decision became obsolete after the entry into force of
Regulation (EC) No 810/2009 that provides for new rules on the representation
arrangements in situations where a Member State agrees to represent another Member State or the purpose of examining applications and issuing visas on behalf of that Member State.

(6)       Decision
of the Executive Committee SCH/Com-ex (97) 39 rev[32] approved the guiding principles for means
of proof and indicative evidence under readmission agreements between Schengen
States. That decision became obsolete after the entry into force of Council Regulation (EC) No 343/2003[33] and of Commission Regulation (EC) No 1560/2003[34] which provides for the elements of proof and
circumstantial evidence that shall be used for determining the Member State responsible for examining the application for asylum.

(7)       Decision of the Executive Committee SCH/Com-ex (98) 1 rev 2[35] provided for
a number of measures aiming at increasing the efficiency of checks at external
border. That decision became obsolete after the entry into force of Regulation (EC) No 562/2006[36] that set out the rules on crossing external borders and of Council
Regulation (EC) No 2007/2004 which entrusted FRONTEX with the task of facilitating
the application of Community measures relating to the management of external
borders by ensuring the coordination of Member States’ actions in the
implementation of those measures.

(8)       Decision
of the Executive Committee SCH/Com-ex (98) 18 rev[37] provided for a procedure to be followed by the Schengen States
experiencing serious difficulties in obtaining a laissez-passer to repatriate
illegal foreign nationals as well as the possibility to investigate at the Union
level the need of using other means of a more binding nature against those
third countries. That decision has become obsolete after the Union concluded readmission
agreements with a number of third countries that set out the specific obligations
and procedures to be complied with by the authorities of the third country and
of Member States with regard to the repatriation of foreign nationals who are
irregularly residing in the Union.

(9)       Decision
of the Executive Committee SCH/Com-ex (98) 21[38]
approved common rules for affixing stamps to
the passports of all visa applicants as a mean of preventing the same person
from lodging multiple or successive visa applications. That
decision became obsolete after the entry into force of Regulation
(EC) No 810/2009 that provided for a new set
of rules for issuing visas and for stamping the applicant's travel document.

(10)     Decision
of the Executive Committee SCH/Com-ex (98) 37 def 2[39] established a set of measures aiming at establishing an integrated
approach for stepping up the fight against illegal migration that were put into
effect by the Decision of the Central Group of 27 October 1998 on the adoption
of measures to fight illegal immigration (SCH/C (98) 117). Those decisions became
obsolete after the entry into force of Regulation (EC)
No 377/2004[40] that established the common framework for posting immigration
liaison officers in third countries, Regulation (EC) No 562/2006 which provided
for a set of common measures on the control at external borders and the Council
Decision 2009/371/JHA [41] that entrusted Europol with specific tasks related to the exchange
of information, including on countering illegal migration.

(11)     Decision
of the Executive Committee SCH/Com-ex (98) 59 rev[42] provided for a set of guidelines for the coordinated deployment of
document advisers for air and maritime traffic and at consular representations
of Member States with the aim to strengthen the combating of illegal
immigration. That decision became obsolete after the entry into force of
Regulation (EC) No 377/2004 that established new rules for the deployment of the
liaison officers in third countries.

(12)     Decision
of the Executive Committee SCH/Com-ex (99) 7 rev 2[43] has approved a plan for Member States' reciprocal secondment of
liaison officers to advise and assist in the performance of tasks of security
and checking at the external borders. That decision became obsolete after the entry
into force of Regulation (EC) No 562/2006 and Regulation (EC)
No 2007/2004 that introduced a new legal framework for
cooperation between Member States with regard to the control of the external
border, including secondment of liaison officers.

(13)     Council
Regulation (EC) No 189/2008[44] provided for the specifications relevant to certain SIS II tests
with the aim to demonstrate that Central SIS II, the communication
infrastructure and the interactions between Central SIS II and the national
systems (N.SIS II) work in accordance with the technical and functional
requirements set out in the SIS II legal instruments. That regulation exhausted
its legal effect once the SIS II started operation on 9 April 2013.

(14)     For reasons of legal
certainty and clarity, those obsolete decisions and the regulation should be
repealed.

(15)     Since the objective of this
Decision, namely the repeal of a number of obsolete Union acts in the Area of Freedom,
Security and Justice cannot be achieved by Member States but only at Union
level, this Decision complies with the requirements of the principle of
subsidiarity as set out in Article 5 of the Treaty. In accordance with the
principle of proportionality, as set out in that Article, this Decision does
not go beyond what is necessary in order to achieve that objective.

(16)     In accordance with Article
1 of the Protocol No 22 on the Position of Denmark, annexed to the Treaty on
European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision.

(17)     This Decision constitutes a
development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC[45]. The United Kingdom is therefore not taking part in its adoption.

(18)     This Decision constitutes a
development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002[46]. Ireland is therefore not taking part in its adoption.

(19)     As regards Iceland and
Norway, this Decision constitutes a development of provisions of the Schengen acquis
within the meaning of the Agreement concluded by the Council of the European
Union and the Republic of Iceland and the Kingdom of Norway concerning the
latters' association with the implementation, application and development of
the Schengen acquis[47]
which fall within the area referred to in Article 1 of Council Decision
1999/437/EC[48].

(20)     As regards Switzerland,
this Decision constitutes a development of provisions of the Schengen acquis
within the meaning of the Agreement concluded between the
European Union, the European Community and the Swiss Confederation on the Swiss
Confederation’s association with the implementation, application and
development of the Schengen acquis[49], which fall within the area referred to in Article 1 of Decision
1999/437/EC read in conjunction with Article 3 of Council Decisions 2008/146/EC[50] and 2008/149/JHA[51].

(21)     As regards Liechtenstein,
this Decision constitutes a development of the provisions of the Schengen acquis
within the meaning of the Protocol between the European Union, the European
Community, the Swiss Confederation and the Principality of Liechtenstein on the
accession of the Principality of Liechtenstein to the Agreement between the
European Union, the European Community and the Swiss Confederation on the Swiss
Confederation's association with the implementation, application and development
of the Schengen acquis[52]
and the Protocol between the European
Union, the European Community, the Swiss Confederation and the Principality of
Liechtenstein on the accession of the Principality of Liechtenstein to the
Agreement between the European Union, the European Community and the Swiss
Confederation on the Swiss Confederation’s association with the implementation,
application and development of the Schengen acquis, relating to the
abolition of checks at internal borders and movement of persons which
fall within the area referred to in Article 1 of Decision 1999/437/EC read in
conjunction with Article 3 of Council Decisions 2011/349/EU[53] and 2011/350/EU[54],

HAVE ADOPTED THIS DECISION:

Article 1

Repeal
of obsolete acts

The Decisions of
the Executive Committee Sch/Com-ex (95) PV 1 rev, SCH/Com-ex
(95) 21, SCH/Com-ex (96) 13 rev 1, SCH/Com-ex (97) 39
rev, SCH/Com-ex (98) 1 rev 2, SCH/Com-ex (98) 18
rev, SCH/Com-ex (98) 21, SCH/Com-ex (98) 37 def 2, SCH/Com-ex (98) 59 rev, SCH/Com-ex (99) 7 rev 2, the Decision of the Central Group SCH/C (98) 117 and Council Regulation (EC) No 189/2008
 are repealed.

Article 2
Entry into force

This Decision shall enter into force on the
twentieth day following that of its publication in the Official Journal of
the European Union.

Done at Brussels,

For the European
Parliament                        For the Council

The President                                                 The
President

[1]               OJ C 321,
31.12.2003, p. 1.

[2]               COM(2014)
368 final, 18.6.2014.

[3]               Decision
of the Executive Committee of 28 April 1995 on common visa policy (Sch/Com-ex
(95) PV 1 rev) (OJ L 239, 22.09.2000, p. 175).

[4]               Regulation
(EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009
establishing a Community Code on Visas (Visa Code)(OJ L 243, 15.09.2009, p. 1).

[5]               Regulation
(EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008
concerning the Visa Information System (VIS) and the exchange of data between
Member States on short-stay visas (VIS Regulation) 
(OJ L 218, 13.8.2008, p. 60).

[6]               Decision
of the Executive Committee of 20 December 1995 on the swift exchange between
the Schengen States of statistical and specific data on possible malfunctions
at the external borders (SCH/Com-ex (95) 21) (OJ L 239, 22.9.2000, p. 176).

[7]               Council
Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency
for the Management of Operational Cooperation at the External Borders of the
Member States of the European Union (OJ L 349, 25.11.2004, p. 1).

[8]               2005/267/EC:
Council Decision of 16 March 2005 establishing a secure web-based Information
and Coordination Network for Member States’ Migration Management Services (OJ L 83, 1.04.2005, p. 48).

[9]               Regulation
(EU) No 1052/2013 of the European Parliament and of the Council of 22 October
2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295,
6.11.2013, p. 11).

[10]             Decision
of the Executive Committee of 27 June 1996 on the principles for issuing
Schengen visas in accordance with Article 30(1)(a) of the Convention
implementingthe Schengen Agreement  (SCH/Com-ex (96) 13 rev 1) (OJ L 239, 22.9.2000,
p. 180).

[11]             Regulation
(EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009
establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).

[12]             Decision
of the Executive Committee of 15 December 1997 on the guiding principles for
means of proof and indicative evidence within the framework of readmission
agreements between Schengen States (SCH/Com-ex (97) 39 rev) (OJ L 239 , 22.09.2000, p. 188).

[13]             Council
Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and
mechanisms for determining the Member State responsible for examining an asylum
application lodged in one of the Member States by a third-country national, (OJ
L 50, 25.2.2003, p. 1).

[14]             Commission
Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for
the application of Council Regulation (EC) No 343/2003 establishing the
criteria and mechanisms for determining the Member State responsible for
examining an asylum application lodged in one of the Member States by a
third-country national (OJ L 222, 5.9.2003, p. 3).

[15]             Decision
of the Executive Committee of 21 April 1998 on the activities of the task force
(SCH/Com-ex (98) 1 rev 2) (OJ L 239, 22.9.2000, p. 191).

[16]             Decision
of the Executive Committee of 23 June 1998 on measures to be taken in respect
of countries posing problems with regard to the issue of documents required for
expulsion from the Schengen territory (SCH/Com-ex (98) 18 rev) (OJ L 239,
22.9.2000, p. 197).

[17]             Decision
of the Executive Committee of 23 June 1998 on the stamping of passports of visa
applicants (SCH/Com-ex (98) 21) (OJ L 239, 22.9.2000, p. 200).

[18]             Decision
of the Executive Committee of 27 October 1998 on the adoption of measures to
fight illegal immigration (SCH/Com-ex (98) 37 def 2) (OJ L 239, 22.9.2000, p.
203).

[19]             Decision
of the Central Group of 27 October 1998 on the adoption of measures to fight
illegal immigration.

[20]             Council
Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an
immigration liaison officers network. (OJ L 64, 2.3.2004, p. 1).

[21]             Council
Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office
(Europol) (OJ L 121, 15.5.2009, p. 37).

[22]             Decision
of the Executive Committee of 16 December 1998 on coordinated deployment of
document advisers (SCH/Com-ex (98) 59 rev) (OJ L 239, 22.9.2000, p. 308).

[23]             Decision
of the Executive Committee of 28 April 1999 on liaison officers (SCH/Com-ex
(99) 7 rev 2) (OJ L 239, 22.9.2000, p. 411).

[24]             Council
Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency
for the Management of Operational Cooperation at the External Borders of the
Member States of the European Union (OJ L 349, 25.11.2004, p. 1).

[25]             Council
Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second
generation Schengen Information System (SIS II) (OJ L 57, 1.3.2008, p. 1).

[26]             Decision of the Executive Committee of 28 April 1995 on
common visa policy (Sch/Com-ex (95) PV 1 rev) (OJ L 239, 22.9.2000, p. 175).

[27]             Regulation (EC) No 810/2009 of the European Parliament
and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa
Code) (OJ L 243, 15.9.2009, p. 1).

[28]             Regulation (EC) No 767/2008 of the European Parliament
and of the Council of 9 July 2008 concerning the Visa Information System (VIS)
and the exchange of data between Member States on short-stay visas (VIS
Regulation)(OJ L 218, 13.8.2008, p. 60).

[29]             Decision of the Executive Committee of 20 December 1995
on the swift exchange between the Schengen States of statistical and specific
data on possible malfunctions at the external borders (SCH/Com-ex (95) 21)(OJ L
239, 22.9.2000, p. 176).

[30]             Council Regulation (EC) No 2007/2004 of 26 October 2004
establishing a European Agency for the Management of Operational Cooperation at
the External Borders of the Member States of the European Union (OJ L 349,
25.11.2004, p. 1).

[31]             Decision of the Executive Committee of 27 June 1996 on
the principles for issuing Schengen visas in accordance with Article 30(1)(a)
of the Convention implementing the Schengen Agreement  (SCH/Com-ex (96) 13 rev
1) (OJ L 239, 22.9.2000, p. 180).

[32]             Decision of the Executive Committee of 15 December 1997
on the guiding principles for means of proof and indicative evidence within the
framework of readmission agreements between Schengen States (SCH/Com-ex (97) 39
rev) (OJ L 239, 22.9.2000, p. 188).

[33]             Council Regulation (EC) No 343/2003 of 18 February 2003
establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States
by a third-country national, (OJ L 50, 25.2.2003, p. 1).

[34]             Commission Regulation (EC) No 1560/2003 of 2 September
2003 laying down detailed rules for the application of Council Regulation (EC)
No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member
States by a third-country national (OJ L 222, 5.9.2003 p. 3).

[35]             Decision of the Executive Committee of 21 April 1998 on
the activities of the task force (SCH/Com-ex (98) 1 rev 2) (OJ L 239,
22.9.2000, p. 191).

[36]             Regulation (EC) No 562/2006 of the European Parliament
and of the Council of 15 March 2006 establishing a Community Code on the rules
governing the movement of persons across borders (Schengen Borders Code) (OJ L
105, 13.4.2006, p. 1).

[37]             Decision of the Executive Committee of 23 June 1998 on
measures to be taken in respect of countries posing problems with regard to the
issue of documents required for expulsion from the Schengen territory
(SCH/Com-ex (98) 18 rev) (OJ L 239, 22.9.2000, p. 197).

[38]             Decision of the Executive Committee of 23 June 1998 on
the stamping of passports of visa applicants (SCH/Com-ex (98) 21) (OJ L 239,
22.9.2000, p. 200).

[39]             Decision of the Executive Committee of 27 October 1998
on the adoption of measures to fight illegal immigration (SCH/Com-ex (98) 37
def 2) (OJ L 239, 22.9.2000, p. 203).

[40]             Council Regulation (EC) No 377/2004 of 19 February 2004
on the creation of an immigration liaison officers network. (OJ L 64, 2.3.2004,
p. 1).

[41]             Council Decision 2009/371/JHA of 6 April 2009
establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).

[42]             Decision of the Executive Committee of 16 December 1998
on coordinated deployment of document advisers (SCH/Com-ex (98) 59 rev) (OJ L
239, 22.9.2000, p. 308).

[43]             Decision of the Executive Committee of 28 April 1999 on
liaison officers (SCH/Com-ex (99) 7 rev 2OJ L 239, 22.9.2000, p. 411).

[44]             Council Regulation (EC) No 189/2008 of 18 February
2008 on the tests of the second generation Schengen Information System (SIS II)
(OJ L 57, 1.3.2008, p. 1).

[45]             Council Decision 2000/365/EC of 29 May 2000 concerning
the request of the United Kingdom of Great Britain and Northern Ireland to take
part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

[46]             Council Decision 2002/192/EC of 28 February 2002[46]
concerning Ireland's request to take part in some of the provisions of the
Schengen acquis (OJ L 64, 7.3.2002, p. 20).

[47]             OJ L 176, 10.7.1999, p. 36.

[48]             Council Decision 1999/437/EC of 17 May 1999 on certain
arrangements for the application of the Agreement concluded by the Council of
the European Union and the Republic of Iceland and the Kingdom of Norway concerning
the association of those two States with the implementation, application and
development of the Schengen acquis (OJ L 176 , 10.7.1999 p.31).

[49]             OJ L 53, 27.2.2008, p. 52.

[50]             Council Decision 2008/146/EC of 28 January 2008 on the conclusion,
on behalf of the European Community, of the Agreement between the European
Union, the European Community and the Swiss Confederation on the Swiss
Confederation's association with the implementation, application and
development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

[51]             Council Decision of 28 January 2008 on the conclusion
on behalf of the European Union of the Agreement between the European Union,
the European Community and the Swiss Confederation on the Swiss Confederation's
association with the implementation, application and development of the
Schengen acquis (OJ L 53, 27.2.2008, p. 50).

[52]             OJ L 160, 18.6.2011, p. 21.

[53]             Council Decision 2011/349/EU of 7 March 2011 on the
conclusion on behalf of the European Union of the Protocol between the European
Union, the European Community, the Swiss Confederation and the Principality of
Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement
between the European Union, the European Community and the Swiss Confederation
on the Swiss Confederation’s association with the implementation, application
and development of the Schengen acquis, relating in particular to judicial
cooperation in criminal matters and police cooperation 
(OJ L 160, 18.6.2011, p. 1).

[54]             Council Decision 2011/350/EU of 7 March 2011 on the
conclusion, on behalf of the European Union, of the Protocol between the
European Union, the European Community, the Swiss Confederation and the
Principality of Liechtenstein on the accession of the Principality of Liechtenstein
to the Agreement between the European Union, the European Community and the
Swiss Confederation on the Swiss Confederation’s association with the
implementation, application and development of the Schengen acquis, relating to
the abolition of checks at internal borders and movement of persons (OJ L 160,
18.6.2011, p. 19).