COMMISSION IMPLEMENTING DECISION
of 1 July 2011
amending the SIRENE Manual
(notified under document C(2011) 4574)
(Only the Bulgarian, Czech, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic)
(2011/406/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 378/2004 of 19 February 2004 on procedures for amending the SIRENE Manual (1), and in particular Article 2 thereof,
Having regard to Council Decision 2004/201/JHA of 19 February 2004 on procedures for amending the SIRENE Manual (2), and in particular Article 2 thereof,
Whereas:
(1)
The SIRENE Manual constitutes a set of instructions to operators in the SIRENE bureaux of each Member State which establishes the rules and procedures governing the bilateral or multilateral exchange of supplementary information which is required to implement correctly certain provisions of the Convention of 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders (3) (the Schengen Convention).
(2)
Standards of working procedures of the SIRENE bureaux and the Union law relevant to the supplementary information exchange between SIRENE bureaux have developed over time. The SIRENE Manual has not been amended since 2007. As a result, amendments are now required in order to guarantee uniformity of working procedures and ensure alignment with developments of the Union law relevant to the supplementary information exchange between SIRENE bureaux. Given the extent of the necessary amendments to the provisions of the SIRENE Manual it is appropriate to replace the current text of the SIRENE Manual with a revised version.
(3)
Provisions on the protection of personal data and security of data in the Schengen Information System are set out in the Schengen Convention. In the absence of specific provisions of the Convention, Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4) is applicable to the exchange of supplementary information relating to alerts for refusal of entry. In the absence of specific provisions of the Convention, 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 (5) applies to the exchange of supplementary information relating to all other alerts.
(4)
In accordance with Articles 1 and 2 of the former Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark did not take part in the adoption of Regulation (EC) No 378/2004 and is not bound by it nor subject to its application. However, given that Regulation (EC) No 378/2004 built upon the Schengen acquis under the provisions of Title IV of Part Three of the former Treaty establishing the European Community, Denmark, in accordance with Article 5 of the said Protocol, decided to implement this acquis in its national law. Denmark took part in the adoption of Decision 2004/201/JHA. It is therefore bound to implement this Decision.
(5)
The United Kingdom is taking part in this Decision to the extent it does not concern supplementary information exchange in relation to Article 96 of the Schengen Convention, in accordance with Article 5 of the Protocol on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and Article 8(2) of 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 (6).
(6)
Ireland is taking part in this Decision to the extent it does not concern supplementary information exchange in relation to Article 96 of the Schengen Convention, in accordance with Article 5 of the Protocol on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the acquis (7).
(7)
This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession and Article 4(2) of the 2005 Act of Accession.
(8)
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 (8) which fall within the area referred to in Article 1, point G, of Council Decision 1999/437/EC (9) on certain arrangements for the application of that Agreement.
(9)
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 concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (10), which fall within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decisions 2008/146/EC (11) and 2008/149/JHA (12).
(10)
As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol signed 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, which fall within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decisions 2008/261/EC (13) and 2008/262/JHA (14).
(11)
The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 3 of Regulation (EC) No 378/2004 and Article 3 of Decision 2004/201/JHA,
HAS ADOPTED THIS DECISION:
Article 1
The SIRENE Manual is replaced by the version in the Annex to this Decision.
Article 2
This Decision is addressed to the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 1 July 2011.