# Official Journal L 345/2014

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 345 |
| | |
| English edition | Legislation | Volume 571 December 2014 |

ISSN 1977-0677

Official Journal

of the European Union

L 345

English edition

Legislation

Volume 571 December 2014

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | | 2014/857/EU |
| | * | Council Decision of 1 December 2014 concerning the notification of the United Kingdom of Great Britain and Northern Ireland of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters and amending Decisions 2000/365/EC and 2004/926/EC | 1 |
| | | 2014/858/EU |
| | * | Commission Decision of 1 December 2014 on the notification by the United Kingdom of Great Britain and Northern Ireland of its wish to participate in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon and which are not part of the Schengen acquis | 6 |

Contents

II   Non-legislative acts

page

DECISIONS

2014/857/EU

*

Council Decision of 1 December 2014 concerning the notification of the United Kingdom of Great Britain and Northern Ireland of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters and amending Decisions 2000/365/EC and 2004/926/EC

acquis

1

2014/858/EU

*

Commission Decision of 1 December 2014 on the notification by the United Kingdom of Great Britain and Northern Ireland of its wish to participate in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon and which are not part of the Schengen acquis

acquis

6

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
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EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

DECISIONS

| 1.12.2014 | EN | Official Journal of the European Union | L 345/1 |
| --- | --- | --- | --- |

1.12.2014

EN

Official Journal of the European Union

L 345/1

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COUNCIL DECISION

of 1 December 2014

concerning the notification of the United Kingdom of Great Britain and Northern Ireland of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters and amending Decisions 2000/365/EC and 2004/926/EC

(2014/857/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol No 36 on transitional provisions (hereinafter ‘Protocol No 36’), annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, and in particular to Article 10(5) thereof,

Having regard the Protocol No 19 on the Schengen acquis integrated into the framework of the European Union (hereinafter ‘the Schengen Protocol’), annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and in particular to Article 4 thereof,

Having regard to the notification, under Article 10(4) of Protocol No 36, by the Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter ‘the United Kingdom’), by its letter to the President of the Council of 24 July 2013,

Having regard to the notification, under Article 10(5) of Protocol No 36, by the Government of the United Kingdom, by its letter to the President of the Council and to the President of the Commission taking effect on 1 December 2014, of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters,

Whereas:

| (1) | Article 10(4) of Protocol No 36 allowed the United Kingdom, at the latest six months before the expiry of the five year transitional period after the entry into force of the Treaty of Lisbon, to notify to the Council that it does not accept, with respect to acts of the Union in the field of police cooperation and judicial cooperation in criminal matters which had been adopted before the entry into force of the Treaty of Lisbon, the powers of the Commission and of the Court of Justice as referred to in Article 10(1) of Protocol No 36. |
| --- | --- |

(1)

Article 10(4) of Protocol No 36 allowed the United Kingdom, at the latest six months before the expiry of the five year transitional period after the entry into force of the Treaty of Lisbon, to notify to the Council that it does not accept, with respect to acts of the Union in the field of police cooperation and judicial cooperation in criminal matters which had been adopted before the entry into force of the Treaty of Lisbon, the powers of the Commission and of the Court of Justice as referred to in Article 10(1) of Protocol No 36.

| (2) | By letter to the President of the Council of 24 July 2013, the United Kingdom made use of the above possibility by notifying the Council that it did not accept the said powers of the Commission and of the Court of Justice, with the consequence that the relevant acts in the field of police cooperation and judicial cooperation in criminal matters would cease to apply to the United Kingdom on 1 December 2014. |
| --- | --- |

(2)

By letter to the President of the Council of 24 July 2013, the United Kingdom made use of the above possibility by notifying the Council that it did not accept the said powers of the Commission and of the Court of Justice, with the consequence that the relevant acts in the field of police cooperation and judicial cooperation in criminal matters would cease to apply to the United Kingdom on 1 December 2014.

| (3) | Article 10(5) of Protocol No 36 allows the United Kingdom to notify the Council of its wish to participate in the above acts, including those acts which are part of the Schengen acquis, in which case the relevant provisions of the Schengen Protocol should apply. |
| --- | --- |

(3)

Article 10(5) of Protocol No 36 allows the United Kingdom to notify the Council of its wish to participate in the above acts, including those acts which are part of the Schengen acquis, in which case the relevant provisions of the Schengen Protocol should apply.

| (4) | By letter to the President of the Council and to the President of the Commission taking effect on 1 December 2014, the United Kingdom made use of the above possibility by notifying the Council of its wish to participate in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters to which it was already taking part in accordance with Council Decision 2000/365/EC (1), Council Decision 2004/926/EC (2) and Article 5(1) of the Schengen Protocol. |
| --- | --- |

(4)

By letter to the President of the Council and to the President of the Commission taking effect on 1 December 2014, the United Kingdom made use of the above possibility by notifying the Council of its wish to participate in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters to which it was already taking part in accordance with Council Decision 2000/365/EC (1), Council Decision 2004/926/EC (2) and Article 5(1) of the Schengen Protocol.

| (5) | It is therefore necessary to identify the acts and provisions in the field of police cooperation and judicial cooperation in criminal matters which are part of the Schengen acquis in which the United Kingdom will continue to participate following the above notification of its wish to do so and therefore to amend Decision 2000/365/EC and Decision 2004/926/EC. |
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(5)

It is therefore necessary to identify the acts and provisions in the field of police cooperation and judicial cooperation in criminal matters which are part of the Schengen acquis in which the United Kingdom will continue to participate following the above notification of its wish to do so and therefore to amend Decision 2000/365/EC and Decision 2004/926/EC.

| (6) | Decision 2000/365/EC and Decision 2004/926/EC, as amended, will thus continue to apply, in particular concerning those provisions of the Schengen acquis in which the United Kingdom was authorised to take part and which are not acts and provisions in the field of police cooperation and judicial cooperation in criminal matters as referred to in Article 10(1) of Protocol No 36. |
| --- | --- |

(6)

Decision 2000/365/EC and Decision 2004/926/EC, as amended, will thus continue to apply, in particular concerning those provisions of the Schengen acquis in which the United Kingdom was authorised to take part and which are not acts and provisions in the field of police cooperation and judicial cooperation in criminal matters as referred to in Article 10(1) of Protocol No 36.

| (7) | Likewise, the United Kingdom will continue to participate in those acts and provisions of the Schengen acquis for which it was authorised to take part, which although they are acts and provisions in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon, have been amended by an act, applicable to the United Kingdom, adopted after that entry into force and which therefore fall under Article 10(2) of Protocol No 36. This is the case with regard to the Decision of the Executive Committee of 16 September 1998 (3) on the Schengen Evaluation Mechanism, which was amended by Council Regulation (EU) No 1053/2013 (4), and to Articles 48 to 53 of the 1990 Convention implementing the Schengen Agreement of 14 June 1985 as well as the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (5) and its Protocol (6), which were amended by Directive 2014/41/EU of the European Parliament and of the Council (7). This is also the case with regard 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 (8), which was amended by the Protocol on the accession of the Principality of Liechtenstein to that Agreement (9) (hereinafter ‘the Agreement of 2008 on Switzerland's association with the Schengen acquis’). |
| --- | --- |

(7)

Likewise, the United Kingdom will continue to participate in those acts and provisions of the Schengen acquis for which it was authorised to take part, which although they are acts and provisions in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon, have been amended by an act, applicable to the United Kingdom, adopted after that entry into force and which therefore fall under Article 10(2) of Protocol No 36. This is the case with regard to the Decision of the Executive Committee of 16 September 1998 (3) on the Schengen Evaluation Mechanism, which was amended by Council Regulation (EU) No 1053/2013 (4), and to Articles 48 to 53 of the 1990 Convention implementing the Schengen Agreement of 14 June 1985 as well as the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (5) and its Protocol (6), which were amended by Directive 2014/41/EU of the European Parliament and of the Council (7). This is also the case with regard 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 (8), which was amended by the Protocol on the accession of the Principality of Liechtenstein to that Agreement (9) (hereinafter ‘the Agreement of 2008 on Switzerland's association with the Schengen acquis’).

| (8) | As recalled in Decision 2000/365/EC, the United Kingdom has a special position in respect of matters covered by Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU), as recognised in the Schengen Protocol, as well as in Protocol No 20 on the application of certain aspects of Article 26 of the TFEU to the United Kingdom and to Ireland (hereinafter ‘Protocol No 20’) and Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice (hereinafter ‘Protocol No 21’), annexed to the Treaty on European Union and to the TFEU. Due to this special position, the Schengen Protocol provides for the possibility of the United Kingdom to participate in some of the provisions of the Schengen acquis. |
| --- | --- |

(8)

As recalled in Decision 2000/365/EC, the United Kingdom has a special position in respect of matters covered by Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU), as recognised in the Schengen Protocol, as well as in Protocol No 20 on the application of certain aspects of Article 26 of the TFEU to the United Kingdom and to Ireland (hereinafter ‘Protocol No 20’) and Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice (hereinafter ‘Protocol No 21’), annexed to the Treaty on European Union and to the TFEU. Due to this special position, the Schengen Protocol provides for the possibility of the United Kingdom to participate in some of the provisions of the Schengen acquis.

| (9) | In accordance with Article 10(5) of Protocol No 36, the participation of the United Kingdom in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters as provided in this Decision re-establishes the widest possible measure of participation of the United Kingdom in the Schengen acquis of the Union in the area of freedom, security and justice without seriously affecting the practical operability of the various parts thereof, while respecting their coherence. |
| --- | --- |

(9)

In accordance with Article 10(5) of Protocol No 36, the participation of the United Kingdom in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters as provided in this Decision re-establishes the widest possible measure of participation of the United Kingdom in the Schengen acquis of the Union in the area of freedom, security and justice without seriously affecting the practical operability of the various parts thereof, while respecting their coherence.

| (10) | As recalled in Decision 2000/365/EC, the Schengen acquis was conceived and functions as a coherent ensemble which has to be fully accepted and applied by all States supporting the principle of the abolition of checks on persons at their common borders. |
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(10)

As recalled in Decision 2000/365/EC, the Schengen acquis was conceived and functions as a coherent ensemble which has to be fully accepted and applied by all States supporting the principle of the abolition of checks on persons at their common borders.

| (11) | The implementing power to adopt the decisions under Articles 5(1) and 6(1) of Decision 2000/365/EC, whereby the Schengen acquis will be applied to the Channel Islands and the Isle of Man and the relevant acquis on the Schengen Information System will be put into effect for the United Kingdom, should be conferred on the Council. This is in view of the specific role entrusted to the Council by the Schengen Protocol when it comes to unanimously agreeing on new participants into the Schengen acquis, but also in view of the high level of mutual trust between the Member States which is required when examining that the preconditions for the implementation of the provisions on the Schengen Information System have been fulfilled and when taking the subsequent decision by which those provisions will be put into effect for the United Kingdom. The Council should act with the unanimity of its members referred to in Article 1 of the Schengen Protocol and of the representative of the Government of the United Kingdom. |
| --- | --- |

(11)

The implementing power to adopt the decisions under Articles 5(1) and 6(1) of Decision 2000/365/EC, whereby the Schengen acquis will be applied to the Channel Islands and the Isle of Man and the relevant acquis on the Schengen Information System will be put into effect for the United Kingdom, should be conferred on the Council. This is in view of the specific role entrusted to the Council by the Schengen Protocol when it comes to unanimously agreeing on new participants into the Schengen acquis, but also in view of the high level of mutual trust between the Member States which is required when examining that the preconditions for the implementation of the provisions on the Schengen Information System have been fulfilled and when taking the subsequent decision by which those provisions will be put into effect for the United Kingdom. The Council should act with the unanimity of its members referred to in Article 1 of the Schengen Protocol and of the representative of the Government of the United Kingdom.

| (12) | In accordance with Article 2 of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway on the establishment of rights and obligations between Ireland and the United Kingdom of Great Britain and Northern Ireland, on the one hand, and the Republic of Iceland and the Kingdom of Norway, on the other, in areas of the Schengen acquis which apply to these States (10), the Mixed Committee established pursuant to Article 3 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 (11) has been consulted in accordance with Article 4 thereof about the preparation of this Decision. |
| --- | --- |

(12)

In accordance with Article 2 of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway on the establishment of rights and obligations between Ireland and the United Kingdom of Great Britain and Northern Ireland, on the one hand, and the Republic of Iceland and the Kingdom of Norway, on the other, in areas of the Schengen acquis which apply to these States (10), the Mixed Committee established pursuant to Article 3 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 (11) has been consulted in accordance with Article 4 thereof about the preparation of this Decision.

| (13) | In accordance with Article 5 of the Agreement of 2008 on Switzerland's association with the Schengen acquis, the Mixed Committee established pursuant to Article 3 thereof has been informed about the preparation of this Decision, |
| --- | --- |

(13)

In accordance with Article 5 of the Agreement of 2008 on Switzerland's association with the Schengen acquis, the Mixed Committee established pursuant to Article 3 thereof has been informed about the preparation of this Decision,

HAS ADOPTED THIS DECISION:

Article 1

As from 1 December 2014, the United Kingdom shall continue to participate in the provisions of the Schengen acquis as provided in this Decision, including in accordance with Decision 2000/365/EC and Decision 2004/926/EC, as amended by this Decision.

This Article shall be without prejudice to acts and provisions of the Schengen acquis adopted since 1 December 2009 by which the United Kingdom is bound in accordance with Article 5(1) of the Schengen Protocol and Article 8(2) of Decision 2000/365/EC.

Article 2

Decision 2000/365/EC is amended as follows:

| (1) | Article 1 is amended as follows:






  (a) | point (a) is amended as follows:






  (i) | in point (i):






  — | the reference to Article ‘27’ is replaced by ‘27(1)’; |
| --- | --- | --- | --- | --- |

(1)

Article 1 is amended as follows:

(a)

point (a) is amended as follows:

(i)

in point (i):

—

the reference to Article ‘27’ is replaced by ‘27(1)’;

| — | the words ‘except for Article 47(2)(c)’ are replaced by ‘except for Article 47(2)(c) and (4)’; |
| --- | --- |

—

the words ‘except for Article 47(2)(c)’ are replaced by ‘except for Article 47(2)(c) and (4)’;

| (ii) | points (ii) and (iii) are replaced by the following:






  ‘(ii) | the following provisions concerning the Schengen Information System:






  — | Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (*1); |
| --- | --- | --- | --- |

(ii)

points (ii) and (iii) are replaced by the following:

‘(ii)

—

Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (*1);

| — | Commission Decision 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II (3rd pillar) (*2); |
| --- | --- |

—

Commission Decision 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II (3rd pillar) (*2);

(*1)  
  OJ L 205, 7.8.2007, p. 63."

(*2)  
  OJ L 79, 20.3.2007, p. 29.’
  "

| (b) | in point (b), points (i) to (v) are deleted and points (vi), (vii) and (viii) are replaced by the following:






  ‘(i) | the Agreement signed on 19 December 1996 on Accession of the Kingdom of Denmark: Article 6; |
| --- | --- | --- |

(b)

in point (b), points (i) to (v) are deleted and points (vi), (vii) and (viii) are replaced by the following:

‘(i)

the Agreement signed on 19 December 1996 on Accession of the Kingdom of Denmark: Article 6;

| (ii) | the Agreement signed on 19 December 1996 on Accession of the Republic of Finland: Article 5; |
| --- | --- |

(ii)

the Agreement signed on 19 December 1996 on Accession of the Republic of Finland: Article 5;

| (iii) | the Agreement signed on 19 December 1996 on Accession of the Kingdom of Sweden: Article 5;’ |
| --- | --- |

(iii)

the Agreement signed on 19 December 1996 on Accession of the Kingdom of Sweden: Article 5;’

;

| (c) | in point (c), points (i) and (ii) are replaced by the following:

  ‘SCH/Com-ex (94) 28 rev (certificate provided for in Article 75 for transport of drugs and/or psychotropic substances);
  SCH/Com-ex (98) 26 def (setting up the Schengen implementing Convention Standing Committee), subject to an internal arrangement specifying the modalities of participation of United Kingdom experts in missions carried out under the auspices of the relevant Council Working Party.’
  ; |
| --- | --- |

(c)

in point (c), points (i) and (ii) are replaced by the following:

‘SCH/Com-ex (94) 28 rev (certificate provided for in Article 75 for transport of drugs and/or psychotropic substances);

SCH/Com-ex (98) 26 def (setting up the Schengen implementing Convention Standing Committee), subject to an internal arrangement specifying the modalities of participation of United Kingdom experts in missions carried out under the auspices of the relevant Council Working Party.’

| (d) | point (d) is deleted. |
| --- | --- |

(d)

point (d) is deleted.

| (2) | Articles 2, 3 and 4 are deleted. |
| --- | --- |

(2)

Articles 2, 3 and 4 are deleted.

| (3) | Article 5 is amended as follows:






  (a) | in paragraph 1, in the second sentence, the words ‘A decision on this request shall be taken by the Council ...’ are replaced by ‘An implementing decision on this request shall be taken by the Council ...’; |
| --- | --- | --- |

(3)

Article 5 is amended as follows:

(a)

in paragraph 1, in the second sentence, the words ‘A decision on this request shall be taken by the Council ...’ are replaced by ‘An implementing decision on this request shall be taken by the Council ...’;

| (b) | paragraph 2 is amended as follows:






  (i) | in point (a):






  — | the reference to Article ‘27’ is replaced by ‘27(1)’; |
| --- | --- | --- | --- |

(b)

paragraph 2 is amended as follows:

(i)

in point (a):

—

the reference to Article ‘27’ is replaced by ‘27(1)’;

| — | the words ‘except for Article 47(2)(c)’ are replaced by ‘except for Article 47(2)(c) and (4)’; |
| --- | --- |

—

the words ‘except for Article 47(2)(c)’ are replaced by ‘except for Article 47(2)(c) and (4)’;

| (ii) | in point (b), points (i) to (v) are deleted and points (vi), (vii) and (viii) are replaced by the following:






  ‘(i) | the Agreement signed on 19 December 1996 on Accession of the Kingdom of Denmark: Article 6; |
| --- | --- | --- |

(ii)

in point (b), points (i) to (v) are deleted and points (vi), (vii) and (viii) are replaced by the following:

‘(i)

the Agreement signed on 19 December 1996 on Accession of the Kingdom of Denmark: Article 6;

| (ii) | the Agreement signed on 19 December 1996 on Accession of the Republic of Finland: Article 5; |
| --- | --- |

(ii)

the Agreement signed on 19 December 1996 on Accession of the Republic of Finland: Article 5;

| (iii) | the Agreement signed on 19 December 1996 on Accession of the Kingdom of Sweden: Article 5.’ |
| --- | --- |

(iii)

the Agreement signed on 19 December 1996 on Accession of the Kingdom of Sweden: Article 5.’

;

| (iii) | in point (c), the list of acts is replaced by the following:

  ‘SCH/Com-ex (94) 28 rev (certificate provided for in Article 75 for transport of drugs and/or psychotropic substances).’
  ; |
| --- | --- |

(iii)

in point (c), the list of acts is replaced by the following:

‘SCH/Com-ex (94) 28 rev (certificate provided for in Article 75 for transport of drugs and/or psychotropic substances).’

| (iv) | point (d) is deleted. |
| --- | --- |

(iv)

point (d) is deleted.

| (4) | Article 6 is amended as follows:






  (a) | paragraphs 1 and 2 are replaced by the following:

  ‘1.   The provisions referred to in Article 1(a)(ii), as well as the other relevant provisions concerning the Schengen Information System adopted since 1 December 2009, but not yet put into effect, shall be put into effect, between the United Kingdom and the Member States and other States for which these provisions have already been put into effect, when the preconditions for the implementation of those provisions have been fulfilled, by an implementing decision taken by the Council.’
  ; |
| --- | --- | --- |

(4)

Article 6 is amended as follows:

(a)

paragraphs 1 and 2 are replaced by the following:

‘1.   The provisions referred to in Article 1(a)(ii), as well as the other relevant provisions concerning the Schengen Information System adopted since 1 December 2009, but not yet put into effect, shall be put into effect, between the United Kingdom and the Member States and other States for which these provisions have already been put into effect, when the preconditions for the implementation of those provisions have been fulfilled, by an implementing decision taken by the Council.’

| (b) | paragraphs 3, 4 and 5 are renumbered as 2, 3 and 4, respectively; |
| --- | --- |

(b)

paragraphs 3, 4 and 5 are renumbered as 2, 3 and 4, respectively;

| (c) | in paragraph 4, renumbered 3, the words ‘Any decision under paragraphs 1, 2 and 3’ are replaced by ‘Any implementing decision under paragraphs 1 and 2’. |
| --- | --- |

(c)

in paragraph 4, renumbered 3, the words ‘Any decision under paragraphs 1, 2 and 3’ are replaced by ‘Any implementing decision under paragraphs 1 and 2’.

| (5) | In Article 7, paragraph 1 is deleted and paragraph 2 becomes a single paragraph. |
| --- | --- |

(5)

In Article 7, paragraph 1 is deleted and paragraph 2 becomes a single paragraph.

Article 3

Decision 2004/926/EC is amended as follows:

| (1) | In Article 1, the following paragraph is added:
  ‘As from 1 December 2014, the United Kingdom shall continue to apply the provisions referred to in Articles 1(a)(i), (b) and (c) and 5(2) of Decision 2000/365/EC, as amended by Council Decision 2014/857/EU (*3), as well as the provisions of the acts listed in Annexes I and II to this Decision, as amended by Decision 2014/857/EU.

  (*3)  Council Decision 2014/857/EU of 1 December 2014 concerning the notification of the United Kingdom of Great Britain and Northern Ireland of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters and amending Decisions 2000/365/EC and 2004/926/EC (OJ L 345, 1.12.2014, p. 1).’
  "
  . |
| --- | --- |

(1)

In Article 1, the following paragraph is added:

‘As from 1 December 2014, the United Kingdom shall continue to apply the provisions referred to in Articles 1(a)(i), (b) and (c) and 5(2) of Decision 2000/365/EC, as amended by Council Decision 2014/857/EU (*3), as well as the provisions of the acts listed in Annexes I and II to this Decision, as amended by Decision 2014/857/EU.

(*3)  Council Decision 2014/857/EU of 1 December 2014 concerning the notification of the United Kingdom of Great Britain and Northern Ireland of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters and amending Decisions 2000/365/EC and 2004/926/EC (OJ L 345, 1.12.2014, p. 1).’
  "

| (2) | In Annex I:






  (a) | point 4 is deleted; |
| --- | --- | --- |

(2)

In Annex I:

(a)

point 4 is deleted;

| (b) | the following points are added:






  ‘8. | Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (OJ L 350, 30.12.2008, p. 60). |
| --- | --- | --- |

(b)

the following points are added:

‘8.

Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (OJ L 350, 30.12.2008, p. 60).

| 9. | Council Decision 2008/149/JHA 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). |
| --- | --- |

9.

Council Decision 2008/149/JHA 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).

| 10. | 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).’ |
| --- | --- |

10.

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).’

.

Article 4

This Decision shall enter into force on 1 December 2014.

Done at Brussels, 1 December 2014.

For the Council

The President

S. GOZI

---

(1)  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).

1

acquis

(2)  Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (OJ L 395, 31.12.2004, p. 70).

2

acquis

(3)  Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (SCH/Com-ex (98) 26 def.) (OJ L 239, 22.9.2000, p. 138).

3

(4)  Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).

4

acquis

(5)  Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 197, 12.7.2000, p. 3).

5

(6)  Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 326, 21.11.2001, p. 2).

6

(7)  Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters,(OJ L 130, 1.5.2014, p. 1).

7

(8)  
  OJ L 53, 27.2.2008, p. 52.

8

(9)  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 (OJ L 160, 18.6.2011, p. 3).

9

acquis

(10)  
  OJ L 15, 20.1.2000, p. 2.

10

(11)  
  OJ L 176, 10.7.1999, p. 36.

11

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| 1.12.2014 | EN | Official Journal of the European Union | L 345/6 |
| --- | --- | --- | --- |

1.12.2014

EN

Official Journal of the European Union

L 345/6

---

COMMISSION DECISION

of 1 December 2014

on the notification by the United Kingdom of Great Britain and Northern Ireland of its wish to participate in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon and which are not part of the Schengen acquis

(2014/858/EU)

THE EUROPEAN COMMISSION,

Having regard to Protocol No 36 on transitional provisions, and in particular Article 10(5) thereof, in conjunction with Article 4 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and Article 331(1) of the Treaty on the Functioning of the European Union,

Whereas:

| (1) | Article 10(4) of Protocol No 36 allowed the United Kingdom, at the latest six months before the expiry of the five year transitional period referred to in Article 10(3) of Protocol No 36, to notify to the Council that it does not accept, with respect to acts of the Union in the field of police cooperation and judicial cooperation in criminal matters which had been adopted before the entry into force of the Treaty of Lisbon, the powers of the Commission and of the Court of Justice as referred to in Article 10(1) of Protocol No 36. |
| --- | --- |

(1)

Article 10(4) of Protocol No 36 allowed the United Kingdom, at the latest six months before the expiry of the five year transitional period referred to in Article 10(3) of Protocol No 36, to notify to the Council that it does not accept, with respect to acts of the Union in the field of police cooperation and judicial cooperation in criminal matters which had been adopted before the entry into force of the Treaty of Lisbon, the powers of the Commission and of the Court of Justice as referred to in Article 10(1) of Protocol No 36.

| (2) | By letter to the President of the Council of 24 July 2013, the United Kingdom made use of the above possibility through notifying that it did not accept the said powers of the Commission and of the Court of Justice, with the consequence that the relevant acts in the field of police cooperation and judicial cooperation in criminal matters have ceased to apply to the United Kingdom on 1 December 2014. |
| --- | --- |

(2)

By letter to the President of the Council of 24 July 2013, the United Kingdom made use of the above possibility through notifying that it did not accept the said powers of the Commission and of the Court of Justice, with the consequence that the relevant acts in the field of police cooperation and judicial cooperation in criminal matters have ceased to apply to the United Kingdom on 1 December 2014.

| (3) | Article 10(5) of Protocol No 36 allows the United Kingdom to notify of its wish to participate in the acts which have ceased to apply to it. |
| --- | --- |

(3)

Article 10(5) of Protocol No 36 allows the United Kingdom to notify of its wish to participate in the acts which have ceased to apply to it.

| (4) | By letter to the President of the Council taking effect on 1 December 2014, the United Kingdom made use of this possibility by notifying of its wish to participate in some of the above acts. |
| --- | --- |

(4)

By letter to the President of the Council taking effect on 1 December 2014, the United Kingdom made use of this possibility by notifying of its wish to participate in some of the above acts.

| (5) | For the acts concerned which are not part of the Schengen acquis, Article 10(5) of Protocol No 36 refers to Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, Article 4 of which refers to the procedure provided for in Article 331(1) TFEU. The latter provision provides for the Commission confirming the participation of the Member State wishing to participate and noting where necessary that the conditions of participation have been fulfilled. |
| --- | --- |

(5)

For the acts concerned which are not part of the Schengen acquis, Article 10(5) of Protocol No 36 refers to Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, Article 4 of which refers to the procedure provided for in Article 331(1) TFEU. The latter provision provides for the Commission confirming the participation of the Member State wishing to participate and noting where necessary that the conditions of participation have been fulfilled.

| (6) | According to the last sentence of Article 10(5) of Protocol No 36 the Union institutions and the United Kingdom shall seek to re-establish the widest possible measure of participation of the United Kingdom in the acquis of the Union in the area of freedom, security and justice without seriously affecting the practical operability of the various parts thereof, while respecting their coherence. |
| --- | --- |

(6)

According to the last sentence of Article 10(5) of Protocol No 36 the Union institutions and the United Kingdom shall seek to re-establish the widest possible measure of participation of the United Kingdom in the acquis of the Union in the area of freedom, security and justice without seriously affecting the practical operability of the various parts thereof, while respecting their coherence.

| (7) | The conditions set in the last sentence of Article 10(5) of Protocol No 36 are fulfilled for the acts notified by the United Kingdom, which are listed in the Annex to this Decision. |
| --- | --- |

(7)

The conditions set in the last sentence of Article 10(5) of Protocol No 36 are fulfilled for the acts notified by the United Kingdom, which are listed in the Annex to this Decision.

| (8) | The participation of the United Kingdom in the acts listed in the Annex to this Decision should therefore be confirmed, |
| --- | --- |

(8)

The participation of the United Kingdom in the acts listed in the Annex to this Decision should therefore be confirmed,

HAS ADOPTED THIS DECISION:

Article 1

The participation of the United Kingdom in the acts listed in the Annex to this Decision is confirmed from the date of entry into force of this Decision.

Article 2

This Decision shall be published in the Official Journal of the European Union.

It shall enter into force on 1 December 2014.

Done at Brussels, 1 December 2014.

For the Commission

The President

Jean-Claude JUNCKER

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ANNEX

| 1. | Joint Action 97/827/JHA of 5 December 1997 establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organized crime (OJ L 344, 15.12.1997, p. 7). |
| --- | --- |
| 2. | Council Act of 18 December 1997 drawing up, on the basis of Article K.3 of the Treaty on European Union, the Convention on mutual assistance and cooperation between customs administrations (OJ C 24, 23.1.1998, p. 1). |
| 3. | Joint Action 98/700/JHA of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the setting up of a European Image Archiving System (FADO) (OJ L 333, 9.12.1998, p. 4). |
| 4. | Council Decision 2000/375/JHA of 29 May 2000 to combat child pornography on the internet (OJ L 138, 9.6.2000, p. 1). |
| 5. | Council Decision 2000/641/JHA of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention) (OJ L 271, 24.10.2000, p. 1). |
| 6. | Council Decision 2000/642/JHA of 17 October 2000 concerning arrangements between financial intelligence units of the Member States in respect of exchanging information (OJ L 271, 24.10.2000, p. 4). |
| 7. | Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 63, 6.3.2002, p. 1). |
| 8. | Council Decision 2002/348/JHA of 25 April 2002 concerning security in connection with football matches with an international dimension (OJ L 121, 8.5.2002, p. 1). |
| 9. | Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ L 162, 20.6.2002, p. 1). |
| 10. | Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1). |
| 11. | Council Decision 2003/659/JHA of 18 June 2003 amending Council Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 245, 29.9.2003, p. 44). |
| 12. | Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 76, 22.3.2005, p. 16). |
| 13. | Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognitions to confiscation orders (OJ L 328, 24.11.2006, p. 59). |
| 14. | Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, p. 89). |
| 15. | Council Decision 2007/412/JHA of 12 June 2007 amending Decision 2002/348/JHA concerning security in connection with football matches with an international dimension (OJ L 155, 15.6.2007, p. 76). |
| 16. | Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or property related to, crime (OJ L 332, 18.12.2007, p. 103). |
| 17. | Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (OJ L 220, 15.8.2008, p. 32). |
| 18. | Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ L 327, 5.12.2008, p. 27). |
| 19. | Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network (OJ L 348, 24.12.2008, p. 130). |
| 20. | Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 138, 4.6.2009, p. 14). |
| 21. | Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ L 81, 27.3.2009, p. 24). |
| 22. | Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ L 93, 7.4.2009, p. 23). |
| 23. | Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA (OJ L 93, 7.4.2009, p. 33). |
| 24. | Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37). |
| 25. | Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions of supervision measures as an alternative to provisional detention (OJ L 294, 11.11.2009, p. 20). |
| 26. | Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposes (OJ L 323, 10.12.2009, p. 20). |
| 27. | Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol's relations with partners, including the exchange of personal data and classified information (OJ L 325, 11.12.2009, p. 6). |
| 28. | Council Decision 2009/936/JHA of 30 November 2009 adopting the implementing rules for Europol analysis work files (OJ L 325, 11.12.2009, p. 14). |
| 29. | Council Decision 2009/968/JHA of 30 November 2009 adopting the rules on the confidentiality of Europol information (OJ L 332, 17.12.2009, p. 17). |

1.

Joint Action 97/827/JHA of 5 December 1997 establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organized crime (OJ L 344, 15.12.1997, p. 7).

2.

Council Act of 18 December 1997 drawing up, on the basis of Article K.3 of the Treaty on European Union, the Convention on mutual assistance and cooperation between customs administrations (OJ C 24, 23.1.1998, p. 1).

3.

Joint Action 98/700/JHA of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the setting up of a European Image Archiving System (FADO) (OJ L 333, 9.12.1998, p. 4).

4.

Council Decision 2000/375/JHA of 29 May 2000 to combat child pornography on the internet (OJ L 138, 9.6.2000, p. 1).

5.

Council Decision 2000/641/JHA of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention) (OJ L 271, 24.10.2000, p. 1).

6.

Council Decision 2000/642/JHA of 17 October 2000 concerning arrangements between financial intelligence units of the Member States in respect of exchanging information (OJ L 271, 24.10.2000, p. 4).

7.

Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 63, 6.3.2002, p. 1).

8.

Council Decision 2002/348/JHA of 25 April 2002 concerning security in connection with football matches with an international dimension (OJ L 121, 8.5.2002, p. 1).

9.

Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ L 162, 20.6.2002, p. 1).

10.

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).

11.

Council Decision 2003/659/JHA of 18 June 2003 amending Council Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 245, 29.9.2003, p. 44).

12.

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 76, 22.3.2005, p. 16).

13.

Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognitions to confiscation orders (OJ L 328, 24.11.2006, p. 59).

14.

Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, p. 89).

15.

Council Decision 2007/412/JHA of 12 June 2007 amending Decision 2002/348/JHA concerning security in connection with football matches with an international dimension (OJ L 155, 15.6.2007, p. 76).

16.

Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or property related to, crime (OJ L 332, 18.12.2007, p. 103).

17.

Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (OJ L 220, 15.8.2008, p. 32).

18.

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ L 327, 5.12.2008, p. 27).

19.

Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network (OJ L 348, 24.12.2008, p. 130).

20.

Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 138, 4.6.2009, p. 14).

21.

Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ L 81, 27.3.2009, p. 24).

22.

Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ L 93, 7.4.2009, p. 23).

23.

Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA (OJ L 93, 7.4.2009, p. 33).

24.

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

25.

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions of supervision measures as an alternative to provisional detention (OJ L 294, 11.11.2009, p. 20).

26.

Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposes (OJ L 323, 10.12.2009, p. 20).

27.

Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol's relations with partners, including the exchange of personal data and classified information (OJ L 325, 11.12.2009, p. 6).

28.

Council Decision 2009/936/JHA of 30 November 2009 adopting the implementing rules for Europol analysis work files (OJ L 325, 11.12.2009, p. 14).

29.

Council Decision 2009/968/JHA of 30 November 2009 adopting the rules on the confidentiality of Europol information (OJ L 332, 17.12.2009, p. 17).

---