1999/435/EC: Council Decision of 20 May 1999 concerning the definition of the Schengen acquis for the purpose of determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the acquis
Date: 1999-05-20
Institutions: Council of the European Union
Subjects: Community acquis, European treaties, Schengen Agreement, Treaty on European Union, legal basis

10.7.1999

EN

Official Journal of the European Communities

L 176/1

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 20 May 1999

concerning the definition of the Schengen acquis for the purpose of determining, in conformity
with the relevant provisions of the Treaty establishing the European Community and the Treaty
on European Union, the legal basis for each of the provisions or decisions which constitute the
acquis

(1999/435/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Acting on the basis of Article 2(1), second subparagraph, first
sentence, of the Protocol annexed to the Treaty on European
Union and the Treaty establishing the European Community,
the
integrating the Schengen acquis into the framework of
European Union (hereinafter
referred to as (cid:145)the Schengen
Protocol(cid:146)),

(1) Whereas it is necessary to define the Schengen acquis in
order to allow the Council to determine, in conformity with
the relevant provision of the Treaties, legal bases for each of
the provisions of the Schengen acquis;

(2) Whereas the determination of legal bases in necessary only
in respect of those binding provisions or decisions consti-
tuting the Schengen acquis which are still operative;

(3) Whereas the Council must therefore establish for which
provisions or decisions constituting the Schengen acquis it
is not necessary to determine a legal basis in conformity
with the relevant provision of the Treaties;

(4) Whereas the conclusion that for certain provisions of the
Schengen acquis it is not necessary or appropriate for the
Council to determine a legal basis in conformity with the
relevant provisions of the Treaties may be justified on the
following grounds:

(a) The provision does not have any binding legal force,
and a comparable provision can be adopted by the
Council only on the basis of an instrument that has
not legal basis in one of the Treaties.

(d) The subject matter of the provision is covered by (cid:151) and
European
therefore
Community or Union legislation or by a legal act
adopted by all Member States.

by (cid:151) existing

superseded

(e) The provision has been made

redundant by the
to be concluded with the Republic of
to

Agreement
Iceland and the Kingdom of Norway pursuant
Article 6 of the Schengen Protocol.

the Community nor by the aims of

(f) The provision concerns an area covered neither by the
activity of
the
European Union and thus concerns one of those areas
in which the Member States have retained freedom to
act. This includes provisions which may be significant
only for the purposes of calculating financial claims of
or between the Member States concerned;

(5) Even if on one of these grounds it is not necessary or not
appropriate for the Council
to establish legal bases for
certain provisions of the Schengen acquis, this does not
have the effect of rendering them redundant or depriving
them of legal validity. The legal effects of acts still in force
which were adopted on the basis of such provisions are not
affected;

(6) The rights and duties of Denmark are governed by Article 3
of the Protocol
integrating the Schengen acquis into the
framework of the European Union and in Articles 1 to 5
of the Protocol on the position of Denmark,

HAS DECIDED AS FOLLOWS:

(b) The passage of time and/or events have rendered the

provision redundant.

Article 1

(c) The provision relates to institutional rules which are
regarded as being superseded by European Union
procedures.

In accordance with the Annex to the Protocol integrating
1.
the Schengen acquis into the framework of
the European
Union, the Schengen acquis comprises all the acts listed in
Annex A to this Decision.

L 176/2

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Official Journal of the European Communities

10.7.1999

The Schengen acquis, as referred to in paragraph 1, shall
2.
be published in the Official Journal of the European Communities,
with the exception of those of its provisions listed in Article 2
and those provisions which at the time of the adoption of this
Decision are classified as
(cid:145)confidential(cid:146) by the Schengen
Executive Committee.

3.
The Council shall retain the right also to publish other
parts of the Schengen acquis in the Official Journal at a later
date, in particular provisions the publication of which appears
interest, or which the Council
necessary in the general
considers important
the Schengen
acquis.

for the interpretation of

Article 2

It shall not be necessary for the Council, acting on the basis of
Article 2(1), second subparagraph, second sentence, of
the
in conformity with the
to determine,
Schengen Protocol,
the
relevant provisions of
for
following provisions and decisions constituting part of
the
Schengen acquis:

the Treaties, a legal basis

(a) the provisions of the Convention, signed in Schengen on 19
June 1990, between the Kingdom of Belgium, the Federal
the Grand
Republic of Germany,
Luxembourg
Duchy of
the
implementing the Schengen Agreement and
Netherlands,
((cid:145)the Schengen
its
Convention(cid:146)) which are listed in Part 1 of Annex B;

related Final Act and declarations

the French Republic,

the Kingdom of

and

(b) the provisions of the Accession Agreements and Protocols
Schengen

Schengen Agreement

and to the

to the

Convention with the Italian Republic (signed in Paris on
27 November 1990),
the Kingdom of Spain and the
Portuguese Republic (signed in Bonn on 25 June 1991),
the Hellenic Republic (signed in Madrid on 6 November
1992), the Republic of Austria (signed in Brussels on 28
April 1995) and the Kingdom of Denmark, the Republic of
Finland and the Kingdom of Sweden (signed in Luxembourg
on 19 December 1996) which are listed in Part 2 of Annex
B;

(c) the decisions and declarations of the Executive Committee
established by the Schengen Convention which are listed in
Part 3 of Annex B;

(d) the decisions of the Central Group which the Group has
been authorised to take by the Executive Committee and
which are listed in Part 3 of Annex B.

Article 3

This Decision shall have immediate effect.

It shall be published in the Official
Communities.

Journal of

the European

Done at Brussels, 20 May 1999.

For the Council

The President

E. BULMAHN

10.7.1999

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Official Journal of the European Communities

L 176/3

ANNEX A

Article 1

SCHENGEN ACQUIS

1. The Agreement, signed in Schengen on 14 June 1985, between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at
their common borders.

2. The Convention, signed in Schengen on 19 June 1990, between the Kingdom of Belgium, the Federal Republic of
Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, implementing
the Agreement on the gradual aboliton of checks at their common borders, signed in Schengen on 14 June 1985,
with related Final Act and common declarations.

3. The Accession Protocols and Agreements to the 1985 Agreement and the 1990 implementing Convention with Italy
(signed in Paris on 27 November 1990), Spain and Portugal (signed in Bonn on 25 June 1991), Greece (signed in
Madrid on 6 November 1992), Austria (signed in Brussels on 28 April 1995) and Denmark, Finland and Sweden
(signed in Luxembourg on 19 December 1996), with related Final Acts and declarations.

4. Decisons and declarations of the Schengen Executive Committee.

5. Decisions of the Central Group which the Group has been authorised to take by the Executive Committee.

SCH/Com-ex (93) 3
14.12.1993

SCH/Com-ex (93) 9
14.12.1993

SCH/Com-ex (93) 10
14.12.1993

SCH/Com-ex (93) 11
14.12.1993

SCH/Com-ex (93) 14
14.12.1993

SCH/Com-ex (93) 16
14.12.1993

SCH/Com-ex (93) 21
14.12.1993

SCH/Com-ex (93) 22 Rev
14.12.1993

SCH/Com-ex (93) 24
14.12.1993

SCH/Com-ex (94) 1 Rev 2
26.4.1994

SCH/Com-ex (94) 2
26.4.1994

SCH/Com-ex (94) 15 Rev
21.11.1994

SCH/Com-ex (94) 16 Rev
21.11.1994

Decisions

Administrative and Financial Arrangements
GENERAL SECRETARIAT

Confirmation of the declarations by the Ministers and Secretaries of State
on drugs and psychotropic substances
DRUGS (cid:151) JUDICIAL COOPERATION

Confirmation of the declarations by the Ministers and Secretaries of State
the
of 19 June 1992 and 30 June 1993 on bringing into force of
implementing Convention
ENTRY INTO FORCE

Confirmation of the declarations by the Ministers and Secretaries of State
ENTRY INTO FORCE

Improving practical cooperation between the judicial authorities to
combat drug trafficking
DRUGS (cid:151) JUDICIAL COOPERATION

Financial Regulations on the installation and operating costs for the
Schengen (cid:151) C.SIS
SIS

Extending the uniform visa
VISAS

Confidential nature of certain documents
EXECUTIVE COMMITTEE

Common procedure for cancelling, rescinding or shortening the length of
validity of the uniform visa
VISAS

Adjustment measures aiming to remove the obstacles and restrictions on
traffic flows at road border crossing points at internal borders
INTERNAL BORDERS

Issuing uniform visas at the borders
VISAS

Introducing a computerised procedure for consulting the central auth-
orities provided for in Article 17(2) of the implementing Convention

Acquisition of common entry and exit stamps
EXTERNAL BORDERS

L 176/4

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10.7.1999

SCH/Com-ex (94) 17 Rev 4
22.12.1994

Introducing and applying the Schengen system in airports and aero-
dromes
AIRPORTS

SCH/Com-ex (94) 25
22.12.1994

SCH/Com-ex (94) 27
22.12.1994

SCH/Com-ex (94) 28 Rev
22.12.1994

SCH/Com-ex (94) 29 Rev 2
22.12.1994

Exchanges of statistical information on the issue of visas
VISAS

Schengen 1993 accounts are approved and a discharge given to the
Secretary-General of a Benelux Economic Union
BUDGET (cid:151) GENERAL SECRETARIAT

Certificate provided for in Article 75 for the transportation of drugs
and/or psychotropic substances
DRUGS

Bringing into force
Agreement of 19 June 1990
ENTRY INTO FORCE

the Convention implementing the Schengen

SCH/Com-ex (95) PV 1 Rev
(Point No 8)

Common visa policy
VISAS

SCH/Com-ex (95) 7
29.6.1995

SCH/Com-ex (95) 20 Rev 2
20.12.1995

SCH/Com-ex (95) 21
20.12.1995

SCH/Com-ex (96) 13 Rev
27.6.1996

The Executive Committee endorses the decision to use the Benelux
General Secretariat for the award of the SIRENE Phase II contract
SIS (cid:151) SIRENE II

Approval of document SCH/I
applying Article 2(2) of the implementing Convention
INTERNAL BORDERS

(95) 40 Rev 6 on the procedure for

Swift exchange between the Schengen States of statistical and tangible
data on possible malfunctions at the external borders
EXTERNAL BORDERS

Principles for issuing Schengen visas in accordance with Article 30(1)(a)
of the implementing Convention
VISAS

SCH/Com-ex (96) 15 Cor 2
27.6.1996

Amendment to the Financial and Administrative Arrangements
GENERAL SECRETARIAT

SCH/Com-ex (96) 27
19.12.1996

SCH/Com-ex (97) 2 Rev 2
25.4.1997

SCH/Com-ex (97) 6 Rev 2
24.6.1997

SCH/Com-ex (97) 14
7.10.1997

Issuing visas at borders to seamen in transit
VISAS

Awarding the tender for the SIS II preliminary study
SIS

Schengen Manual on police cooperation in the field of public order and
security
POLICE COOPERATION

1995 Management Report on the implementation of the C.SIS instal-
lation and operating budget
BUDGET (cid:151) SIS

SCH/Com-ex (97) 17 Rev
15.12.1997

Distribution key for 1998/1999
SIS

SCH/Com-ex (97) 18
7.10.1997

SCH/Com-ex (97) 19
7.10.1997

SCH/Com-ex (97) 20
7.10.1997

Contributions from Norway and Iceland to the C.SIS operating costs
SIS

C.SIS operating budget for 1998
BUDGET (cid:151) SIS

Use of the uniform visa sticker by Norway and Iceland
COOPERATION AGREEMENT

SCH/Com-ex (97) 22 Rev
15.12.1997

Budget for the Schengen Secretariat for 1998
BUDGET (cid:151) SECRETARIAT

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SCH/Com-ex (97) 24
7.10.1997

Future of the SIS
SIS

SCH/Com-ex (97) 27 Rev 4
7.10.1997

Bringing into force the implementing Convention in Italy
ENTRY INTO FORCE

SCH/Com-ex (97) 28 Rev 4
7.10.1997

Bringing into force the implementing Convention in Austria
ENTRY INTO FORCE

SCH/Com-ex (97) 29 Rev 2
7.10.1997

Bringing into force the implementing Convention in Greece
ENTRY INTO FORCE

SCH/Com-ex (97) 32
15.12.1997

SCH/Com-ex (97) 33
15.12.1997

SCH/Com-ex (97) 34 Rev
15.12.1997

SCH/Com-ex (97) 35
15.12.1997

SCH/Com-ex (97) 38 Rev
15.12.1997

SCH/Com-ex (97) 39 Rev
15.12.1997

Harmonisation of visa policy
VISAS

Amendment to Article 18 of the Financial Regulations
BUDGET

Implementation of the Joint Action on a uniform format for residence
permits
VISAS

Amendment to the C.SIS Financial Regulations
SIS

Financial Regulations for the Management Unit
SIS

Guiding Principles for means of proof and indicative evidence within the
framework of readmission agreements between Schengen States
READMISSION

SCH/Com-ex (98) 1 Rev 2
21.4.1998

Report on the activities of the task force

SCH/Com-ex (98) 2
21.4.1998

SCH/Com-ex (98) 3
21.4.1998

SCH/Com-ex (98) 5
21.4.1998

SCH/Com-ex (98) 6
21.4.1998

SCH/Com-ex (98) 7
21.4.1998

SCH/Com-ex (98) 8
21.4.1998

SCH/Com-ex (98) 9
21.4.1998

SCH/Com-ex (98) 10
21.4.1998

SCH/Com-ex (98) 11
21.4.1998

SCH/Com-ex (98) 12
21.4.1998

SCH/Com-ex (98) 15
23.6.1998

SIS 1+project
BUDGET (cid:151) SIS

Management report on the 1996 C.SIS budget
BUDGET (cid:151) SIS

Budget for 1998 C.SIS installation expenditure
BUDGET (cid:151) SIS

1998 budget estimate for the SIRENE Phase II network
BUDGET(cid:151) SIS

1998 budget estimate for Management Unit expenditure
BUDGET (cid:151) SIS

1998 budget estimate for the Helpdesk
BUDGET (cid:151) SIS

JSA budget
BUDGET (cid:151) SECRETARIAT

Cooperation between the Contracting Parties in returning aliens by air
READMISSION

C.SIS with 15/18 connections
SIS

Exchange at local level of statistics on visas
VISAS

1998 budget for setting up SIS
BUDGET (cid:151) SIS

L 176/6

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Official Journal of the European Communities

10.7.1999

SCH/Com-ex (98) 17
23.6.1998

SCH/Com-ex (98) 18 Rev
23.6.1998

SCH/Com-ex (98) 19
23.6.1998

SCH/Com-ex (98) 21
23.6.1998

SCH/Com-ex (98) 24
23.6.1998

SCH/Com-ex (98) 26 def.
16.9.1998

SCH/Com-ex (98) 27
23.6.1998

SCH/Com-ex (98) 29 Rev
23.6.1998

SCH/Com-ex (98) 30
16.9.1998

SCH/Com-ex (98) 31
16.9.1998

SCH/Com-ex (98) 32
16.9.1998

SCH/Com-ex (98) 33
16.9.1998

SCH/Com-ex (98) 34
16.9.1998

Confidential nature of certain documents

Measures to be taken in respect of countries posing problems with
regard to the issue of documents required to remove their nationals
from Schengen territory
READMISSION (cid:151) VISAS

Monaco
VISAS (cid:151) EXTERNAL BORDERS (cid:151) SIS

Stamping of passports of visa applicants
VISAS

Agreement on waiver of
implementing Convention)
VISAS

the visa requirement

(Article 20 of

the

Setting up of the implementing Convention Standing Committee

1997 annual report

Catch-all clause to cover the whole technical Schengen acquis

1999 budget estimate for the SIRENE Phase II network

1999 budget estimate for the Management unit

Approval of the report on the 1997 expenditure for the SIRENE Phase II
network

Approval of the report on the 1997 expenditure for the Management
Unit

Approval of the report on the 1997 expenditure for the Help Desk

SCH/Com-ex (98) 35 Rev 2
16.9.1998

Forwarding the Common Manual to EU applicant States

SCH/Com-ex (98) 37 def. 2

Action plan to combat illegal immigration

SCH/Com-ex (98) 43 Rev
16.9.1998

SCH/Com-ex (98) 44
16.12.1998

SCH/Com-ex (98) 45
16.12.1998

SCH/Com-ex (98) 46 Rev 2
16.12.1998

SCH/Com-ex (98) 47 Rev
16.12.1998

SCH/Com-ex (98) 49 Rev 3
16.12.1998

SCH/Com-ex (98) 50
16.12.1998

Ad hoc Committee on Greece

Budget estimate for the installation of the C.SIS for 1999

Operating budget estimate for the C.SIS for 1999

1999 budget of the Joint Supervisory Authority

1999 budget of the Schengen Secretariat

Bringing the implementing Convention into force in Greece

Budget (installation and operations) for the C.SIS for 1997

SCH/Com-ex (98) 51 Rev 3
16.12.1998

Cross-border police cooperation in the area of crime prevention and
detection when requested

SCH/Com-ex (98) 52
16.12.1998

Handbook on cross-border police cooperation

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SCH/Com-ex (98) 53 Rev 2

Harmonisation of visa policy (cid:151) abolition of the grey lists

SCH/Com-ex (98) 56
16.12.1998

SCH/Com-ex (98) 57
16.12.1998

SCH/Com-ex (98) 58 Rev
16.12.1998

SCH/Com-ex (98) 59 Rev
16.12.1998

SCH/Com-ex (99) 1 Rev 2
28.4.1999

SCH/Com-ex (99) 3
28.4.1999

SCH/Com-ex (99) 4
28.4.1999

SCH/Com-ex (99) 5
28.4.1999

SCH/Com-ex (99) 6
28.4.1999

SCH/Com-ex (99) 7 Rev 2
28.4.1999

SCH/Com-ex (99) 8 Rev 2
28.4.1999

SCH/Com-ex (99) 9 Rev
28.4.1999

SCH/Com-ex (99) 10
28.4.1999

Manual of documents to which a visa may be affixed

Introduction of a harmonised form for invitations, proof of accom-
modation, and the acceptance of obligations of maintenance support

Report by the Standing Committee on the implementation of
implementing Convention by the Federal Republic of Germany

the

Coordinated deployment of document advisers

Drugs situation

Help Desk budget for 1999

C.SIS installation costs

SIRENE Manual

Telecomms situation

Liaison officers

Payments to informers

Resolving the Schengen acquis

Illegal trade in weapons

SCH/Com-ex (99) 11 Rev 2
28.4.1999

Decision relating to the Agreement on cooperation in proceedings for
road traffic offences

SCH/Com-ex (99) 13
28.4.1999

SCH/Com-ex (99) 14
28.4.1999

SCH/Com-ex (99) 16 Rev 2
28.4.1999

SCH/Com-ex (99) 17 Rev
28.4.1999

SCH/Com-ex (99) 18
28.4.1999

SCH/Com-ex (93) Decl 5
14.12.1993

SCH/Com-ex (93) Decl 6
14.12.1993

Withdrawal of old versions of the Common Manual and the Common
Consular Instructions and adoption of new versions

Manual of documents on which a visa may be affixed

Relation Schengen-Benelux

Winding up after 1 May 1999

Improvement of police cooperation in preventing and detecting offences

Declarations

SIRENE Manual

Cooperation measures between authorities
controls

responsible

for border

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SCH/Com-ex (93) Decl 13
14.12.1993

SCH/Com-ex (94) Decl 8
27.6.1994

SCH/Com-ex (94) Decl 13 Rev 2
22.12.1994

Guidelines to facilitate international
drugs trafficking

judicial assistance in combatting

External borders

Legal documents which can be transmitted directly by post

SCH/Com-ex (94) Decl 14 Rev
22.12.1994

SIS

SCH/Com-ex (95) Decl 2
29.6.1995

SCH/Com-ex (95) Decl 3
29.6.1995

SCH/Com-ex (95) Decl 4
20.12.1995

SCH/Com-ex (95) Decl 5
20.12.1995

SCH/Com-ex (96) Decl 1
21.2.1996

SCH/Com-ex (96) Decl 2 Rev
18.4.1996

SCH/Com-ex (96) Decl 4 Rev
18.4.1996

SCH/Com-ex (96) Decl 5
18.4.1996

SCH/Com-ex (96) Decl 6 Rev 2
26.6.1996

SCH/Com-ex (96) Decl 7 Rev
27.6.1996

Police cooperation

Cross-border police cooperation

Exchange of information on visas which have been issued

Harmonisation of consular fees

Terrorism

The approach to the problem of drug tourism and illicit drug flows

Introduction of uniform fees for issuing visas

Definition of the concept of an alien

Declaration on extradition

Transfer and readmission policy between the Schengen States

SCH/Com-ex (97) Decl 1 Rev 3
25.4.1997

Bringing the implementing Convention into force in Italy, Greece and
Austria

SCH/Com-ex (97) Decl 4
24.6.1997

Annual report on the situation at the external borders of the States
implementing Convention between 1
implementing
already
January and 31 December 1996

the

SCH/Com-ex (97) Decl 5 Rev
24.6.1997

Conclusions of the seminar held in Lisbon on 14 and 15 April 1997 on
joint alternative measures taken by individual Schengen States

SCH/Com-ex (97) Decl 6
25.4.1997

SCH/Com-ex (97) Decl 8
24.6.1997

SCH/Com-ex (97) Decl 9
24.6.1997

SCH/Com-ex (97) Decl 10
24.6.1997

SCH/Com-ex (97) Decl 11
7.10.1997

SCH/Com-ex (97) Decl 12
7.10.1997

Problems encountered in determining identity and obtaining travel
documents to replace passports

Pilot project (cid:145)routes used for the trafficking of stolen vehicles(cid:146)

Pilot projects (cid:145)drug trafficking(cid:146) and (cid:145)illegal immigration(cid:146)

Bringing the implementing Convention into force in Italy, Greece and
Austria

List of authorities entitled to access the SIS in Italy, Austria and Greece

List of the central authorities competent for the national component of
the SIS

SCH/Com-ex (97) Decl 13 Rev 2
21.4.1998

Abduction of minors

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SCH/Com-ex (97) Decl 14 Rev
15.12.1997

SCH/Com-ex (98) Decl 1
23.6.1998

SCH/Com-ex (98) Decl 2 Rev
16.9.1998

SCH/Com-ex (98) Decl 3
16.9.1998

SCH/Com-ex (98) Decl 7
16.12.1998

SCH/Com-ex (98) Decl 8
16.12.1998

SCH/Com-ex (98) Decl 9
16.12.1998

SCH/Com-ex (98) Decl 10
16.12.1998

SCH/Com-ex (98) Decl. 11 Rev
16.12.1998

SCH/Com-ex (99) Decl 2 Rev
28.4.1999

SCH/Com-ex (99) Decl 3
28.4.1999

Measures towards Third States giving rise to readmission problems

Network of national illegal immigration experts

Strategy for the secondment of liaison officers

Deployment of document advisers

List of the authorities pursuant to Article 101 of
Convention

the implementing

Treatment of third-country nationals who do not satisfy the conditions
for entry into or stay in the territory of a Schengen State

Results and the conclusions of visits to selected representations abroad

Schengen external border security viewed as a system of
security filters

integrated

1997 annual report on the situation at the Schengen external borders

SIS structure

Report on Schengen external border control in the drugs sector

6. List of acts adopted for the implementation of the Convention by the organs upon which the Executive Committee

has conferred decision-making powers.

SCH/C (95) 122 Rev 4
31.10.1995

SCH/C (95) 122 Rev 5
23.2.1998

SCH/C (98) 117
27.10.1998

SCH/C (99) 25
22.3.1999

SCH/C (99) 47 Rev
26.4.1999

Decisions of the Central Group

Adoption of the administrative and financial rules for phase II of the
SIRENE network

Amendment of the financial rules for phase II of the SIRENE network

Action plan to combat illegal immigration

General principles for payments to informers and infiltrators

Discharge for the budget 1998

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10.7.1999

ANNEX B

Article 2

PART 1

The Convention, signed in Schengen on 19 June 1990, between the Kingdom of Belgium, the Federal Republic of
Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, implementing the
Schengen Agreement:

Article 2(4)

Article 4, as far as controls on baggage are concerned (1)

Article 10(2)

Article 19(2)

Articles 28 to 38 and related definitions (2)

Article 60

Article 70

Article 74

Articles 77 to 81 (3)

Articles 83 to 90 (3)

Articles 120 to 125

Articles 131 to 135

Article 137

Articles 139 to 142

Final Act: declaration 2

Final Act: declaration 4, 5 and 6

Protocol

Common declaration

Declaration by Ministers and State Secretaries

PART 2

1. The Protocol, signed in Paris on 27 November 1990, on accession of the Government of the Italian Republic to the
Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of controls at their common borders, signed in
Schengen on 14 June 1985.

2. The following provisions of the Agreement, signed in Paris on 27 November 1990, on accession of the Italian
Republic to the Convention, signed in Schengen on 19 June 1990, implementing the Schengen Agreement of 14
June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic, its Final Act and related declarations:

Article 1

Articles 5 and 6

Final Act: Part I

Part II, declarations 2 and 3

Declaration by Ministers and State Secretaries.

(1) As far as controls on baggage are concerned, Article 4 has been superseded by Council Regulation (EEC) 3925/91 of 19 December
1991 concerning the elimination of controls and formalities applicable to the cabin and hold baggage of persons taking an intra-
Community flight and the baggage of persons making an intra-Community sea-crossing (OJ L 374, 31.12.1991, p. 4).

(2) Replaced by the Convention, signed in Dublin on 15 June 1990, determining the State responsible for examining applications for

asylum lodged in one of the Member States of the European Communities (OJ C 254, 19.8.1997, p. 1).

(3) Articles 77 to 81 and 83 to 90 of the implementing Convention have been replaced by Directive 91/477/EEC on the control of the
acquisition and possession of weapons. Weapons of war come within Member States’ sphere of competence, under Article 296(1)(b)
of the EC Treaty.

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3. The Protocol, signed in Bonn on 25 June 1991, on accession of the Government of the Kingdom of Spain to the
Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of controls at their common borders, signed in
Schengen on 14 June 1985, as amended by the Protocol on accession by the Government of
the Italian
Republic, signed in Paris on 27 November 1990, and its accompanying declarations.

4. The following provisions of the Agreement, signed in Bonn on 25 June 1991, on accession of the Kingdom of Spain
to the Convention, signed in Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June 1985
between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the
French Republic, to which the Italian Republic has acceded under the Agreement signed in Paris on 27 November
1990, its Final Act and related declarations:

Article 1

Articles 5 and 6

Final Act: Part I

Part II, declarations 2 and 3

Part III, declarations 1, 3 and 4

Declaration by Ministers and State Secretaries.

5. The Protocol, signed in Bonn on 25 June 1991, on accession of the Government of the Portuguese Republic to the
Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of controls at their common borders, signed in
Schengen on 14 June 1985, as amended by the Protocol on accession by the Government of
the Italian
Republic, signed in Paris on 27 November 1990, and its accompanying declarations.

6. The following provisions of the Agreement, signed in Bonn on 25 June 1991, on accession of the Portuguese
Republic to the Convention, signed in Schengen on 19 June 1990, implementing the Schengen Agreement of 14
June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic, to which the Italian Republic has acceded under the Agreement signed in
Paris on 27 November 1990, its Final Act and related declarations:

Article 1

Articles 7 and 8

Final Act: Part I

Part II, declarations 2 and 3

Part III, declarations 2, 3, 4 and 5

Declaration by Ministers and State Secretaries.

7. The Protocol, signed in Madrid on 6 November 1992, on accession of the Government of the Hellenic Republic to
the Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of controls at their common borders, signed in
Schengen on 14 June 1985, as amended by the Protocols on accession by the Government of
the Italian
Republic, signed in Paris on 27 November 1990, and by the Governments of the Kingdom of Spain and the
Portuguese Republic, signed in Bonn on 25 June 1991, and its accompanying declaration.

8. The following provisions of the Agreement, signed in Madrid on 6 November 1992, on accession of the Hellenic
Republic to the Convention, signed in Schengen on 19 June 1990, implementing the Schengen Agreement of 14
June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic, to which have acceded the Italian Republic under the Agreement signed in
Paris on 27 November 1990 and the Kingdom of Spain and the Portuguese Republic under the Agreements signed
in Bonn on 25 June 1991, its Final Act and related declarations:

Article 1

Articles 6 and 7

Final Act: Part I

L 176/12

EN

Official Journal of the European Communities

10.7.1999

Part II, declarations 2, 3, 4 and 5

Part III, declarations 1 and 3

Declaration by Ministers and State Secretaries.

9. The Protocol, signed in Brussels on 28 April 1995, on accession of the Government of the Republic of Austria to
the Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of controls at their common borders, signed in
Schengen on 14 June 1985, as amended by the Protocols on accession by the Governments of
the Italian
the Kingdom of Spain and the Portuguese Republic, and the Hellenic Republic, signed on 27
Republic,
November 1990, 25 June 1991 and 6 November 1992 respectively.

10. The following provisions of the Agreement, signed in Brussels on 28 April 1995, on accession of the Republic of
Austria to the Convention, signed in Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June
1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and
the French Republic, to which have acceded the Italian Republic, the Kingdom of Spain and the Portuguese
Republic, and the Hellenic Republic under the Agreements signed on 27 November 1990, 25 June 1991 and 6
November 1992 respectively, and its Final Act:

Article 1

Articles 5 and 6

Final Act: Part I

Part II, declaration 2

Part III.

11. The Protocol, signed in Luxembourg on 19 December 1996, on accession by the Government of the Kingdom of
Denmark to the Agreement on the gradual abolition of controls at their common borders, signed in Schengen on
14 June 1985, and its related declaration.

12. The following provisions of the Agreement, signed in Luxembourg on 19 December 1996, on accession of the
Kingdom of Denmark to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual
abolition of controls at their common borders, signed in Schengen on 19 June 1990, and its Final Act and related
declaration:

Article 1

Article 5(1)

Articles 7 and 8

Final Act: Part I

Part II, declaration 2

Part III

Declaration by the Ministers and State Secretaries.

13. The Protocol, signed in Luxembourg on 19 December 1996, on accession by the Government of the Republic of
Finland to the Agreement on the gradual abolition of controls at their common borders, signed in Schengen on 14
June 1985, and its related declaration.

14. The following provisions of the Agreement, signed in Luxembourg on 19 December 1996, on accession of the
Republic of Finland to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual
abolition of controls at their common borders, signed in Schengen on 19 June 1990, and its Final Act and related
declaration:

Article 1

Articles 6 and 7

Final Act: Part I

Part II, declaration 2

Part III

Declaration by the Ministers and State Secretaries.

10.7.1999

EN

Official Journal of the European Communities

L 176/13

15. The Protocol, signed in Luxembourg on 19 December 1996, on accession by the Government of the Kingdom of
Sweden to the Agreement on the gradual abolition of controls at their common borders, signed in Schengen on 14
June 1985, and its related declaration.

16. The following provisions of the Agreement, signed in Luxembourg on 19 December 1996, on accession of the
Kingdom of Sweden to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual
abolition of controls at their common borders, signed in Schengen on 19 June 1990, and its Final Act and related
declaration:

Article 1

Articles 6 and 7

Final Act: Part I

Part II, declaration 2

Part III

Declaration by the Ministers and State Secretaries.

PART 3

Decisions of the Executive Committee

Reference

Subject

Justification (1)

SCH/Com-ex (93) 3
14.12.1993

SCH/Com-ex (93) 9
14.12.1993

SCH/Com-ex (93) 11
14.12.1993

SCH/Com-ex (94) 27
22.12.1994

SCH/Com-ex (95) 7
29.6.1995

Administrative and Financial Arrangements

the declarations by the Ministers and
Confirmation of
Secretaries of State regarding drugs and psychotropic
substances

Confirmation of declarations made by the Ministers and
Secretaries of State

Schengen 1993 accounts are approved and a discharge
given to the Secretary-General of the Benelux Economic
Union

The Executive Committee endorses the decision to use the
Benelux General Secretariat for the award of the SIRENE
Phase II contract

SCH/Com-ex (96) 15 Cor 2
27.6.1996

Amendment
Arrangements

to

the

Financial

and Administrative

SCH/Com-ex (97) 14
7.10.1997

SCH/Com-ex (97) 17 Rev
15.12.1997

SCH/Com-ex (97) 19
7.10.1997

SCH/Com-ex (97) 20
7.10.1997

SCH/Com-ex (97) 22 Rev
15.12.1997

SCH/Com-ex (97) 27 Rev 4
7.10.1997

SCH/Com-ex (97) 28 Rev 4
7.10.1997

SCH/Com-ex (97) 33
15.12.1997

SCH/Com-ex (97) 38 Rev
15.12.1997

1995 Management Report on the implementation of the
C.SIS installation and operating budget

Distribution key for 1998/1999

C.SIS operating budget for 1998

Use of the uniform visa sticker by Norway and Iceland

Budget for the Schengen Secretariat for 1998

Bringing into force the implementing Convention in Italy

Bringing into force the implementing Convention in Austria

Amendment to Article 18 of the Financial Regulations

Financial Regulations for the Management Unit

(f)

(a)

(a)

(f)

(f)

(f)

(b)

(f)

(b)

(e)

(f)

(b)

(b)

(f)

(c)

L 176/14

EN

Official Journal of the European Communities

10.7.1999

Reference

Subject

Justification (1)

SCH/Com-ex (98) 2
21.4.1998

SCH/Com-ex (98) 3
21.4.1998

SCH/Com-ex (98) 5
21.4.1998

SCH/Com-ex (98) 6
21.4.1998

SCH/Com-ex (98) 7
21.4.1998

SCH/Com-ex (98) 8
21.4.1998

SCH/Com-ex (98) 9
21.4.1998

SCH/Com-ex (98) 15
23.6.1998

SCH/Com-ex (98) 24
23.6.1998

SCH/Com-ex (98) 27
23.6.1998

SCH/Com-ex (98) 30
16.9.1998

SCH/Com-ex (98) 31
16.9.1998

SCH/Com-ex (98) 32
16.9.1998

SCH/Com-ex (98) 33
16.9.1998

SCH/Com-ex (98) 34
16.9.1998

SCH/Com-ex (98) 44
16.12.1998

SCH/Com-ex (98) 45
16.12.1998

SIS 1+project

Management report on the 1996 C.SIS budget

Budget for 1998 C.SIS installation expenditure

1998 budget estimate for the SIRENE Phase II network

1998 budget estimate for Management Unit expenditure

1998 budget estimate for the Helpdesk

JSA budget

1998 SIS installation budget
BUDGET (cid:151) SIS

(Article 20 of

implementing

Visa waiver agreements
Convention)
VISAS

1997 annual report

1999 draft budget for the SIRENE Phase II network

1999 draft budget for the Management Unit

Approval of the SIRENE Phase II accounts for 1997

Approval of the Management Unit accounts for 1997

Approval of the Help Desk accounts for 1996 and 1997

C.SIS installation budget for 1999

C.SIS operating budget for 1999

SCH/Com-ex (98) 46 Rev 2
16.12.1998

SCH/Com-ex (98) 47 Rev
16.12.1998

Joint Supervisory Authority budget for 1999

Schengen Secretariat budget for 1999

SCH/Com-ex (98) 50
16.12.1998

Implementation of the 1997 C.SIS installation and operating
budget

SCH/Com-ex (98) 58 Rev
16.12.1998

SCH/Com-ex (99) 1 Rev 2
28.4.1999

SCH/Com-ex (99) 9 Rev
28.4.1999

Report by the Standing Committee on the implementation
of the implementing Convention by the Federal Republic of
Germany

Acquis drugs

Settlement of the Schengen acquis

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(f)

(b)

(a)

(b)

10.7.1999

EN

Official Journal of the European Communities

L 176/15

Reference

Subject

Justification (1)

SCH/Com-ex (99) 16 Rev 2
28.4.1999

Relation Schengen-Benelux

SCH/Com-ex (99) 17 Rev
28.4.1999

Winding up after 1 May 1999

(f)

(f)

(1) The explanations (letters) given in this column relate to the criteria listed in the fourth recital.

Declarations of the Executive Committee

Reference

Subject

Justification (1)

SCH/Com-ex (93) Decl 5
14.12.1993

SCH/Com-ex (93) Decl 6
14.12.1993

SIRENE Manual

Cooperation measures between authorities responsible for
border controls

SCH/Com-ex (93) Decl 13
14.12.1993

Guide aimed at facilitating international mutual assistance
in combating drug trafficking

SCH/Com-ex (94) Decl 8
27.6.1994

External borders

SCH/Com-ex (94) Decl 13 Rev 2
22.12.1994

Legal documents which may be transmitted directly by post

SCH/Com-ex (94) Decl 14 Rev
22.12.1994

SIS

SCH/Com-ex (95) Decl 2
29.6.1995

SCH/Com-ex (95) Decl 3
20.12.1995

SCH/Com-ex (95) Decl 4
20.12.1995

SCH/Com-ex (95) Decl 5
20.12.1995

SCH/Com-ex (96) Decl 1
21.2.1996

Police cooperation

Cross-border police cooperation

Exchange of information on visas which have been issued

Harmonisation of consular fess

Terrorism

SCH/Com-ex (96) Decl 2 Rev
18.4.1996

The approach to the problem of drug tourism and illicit
drug flows

SCH/Com-ex (96) Decl 4 Rev
18.4.1996

SCH/Com-ex (96) Decl 7 Rev
27.6.1996

Introduction of uniform fees for issuing visas

Transfer and readmission policy between Schengen States

SCH/Com-ex (97) Decl 1 Rev 3
25.4.1997

Annual report for 1996

SCH/Com-ex (97) Decl 4
24.6.1997

Annual report on the situation at the external borders of
the States already implementing the Schengen Convention
between 1 January and 31 December 1996

SCH/Com-ex (97) Decl 5 Rev
24.6.1997

Conclusion of the seminar held in Lisbon on 14 and 15
April 1997 on joint alternative measures

(b)

(a)

(a)

(a)

(a)

(b)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(b)

(b)

(b)

L 176/16

EN

Official Journal of the European Communities

10.7.1999

Reference

Subject

Justification (1)

SCH/Com-ex (97) Decl 6
25.4.1997

Problems
obtaining travel documents to replace passports

encountered

determining

in

identity

and

SCH/Com-ex (97) Decl 8
24.6.1997

Pilot project
vehicles(cid:146)

(cid:145)routes used for

the trafficking of stolen

SCH/Com-ex (97) Decl 9
24.6.1997

Pilot projects (cid:145)drug trafficking(cid:146) and (cid:145)illegal immigration(cid:146)

SCH/Com-ex (97) Decl 10
24.6.1997

Bringing the Convention into force in Italy, Greece and
Austria

SCH/Com-ex (97) Decl 11
7.10.1997

List of authorities entitled to access the SIS in Italy, Austria
and Greece

SCH/Com-ex (97) Decl 12
7.10.1997

List of the central authorities competent for the national
component of the SIS

SCH/Com-ex (97) Decl 14 Rev
15.12.1997

Measures towards third States giving rise to readmission
problems

SCH/Com-ex (98) Decl 1
23.6.1998

SCH/Com-ex (98) Decl 2 Rev
16.9.1998

SCH/Com-ex (98) Decl 3
16.9.1998

Network of national illegal immigration experts

Strategy for secondment of liaison officers

Deployment of document advisers

SCH/Com-ex (98) Decl 7
16.12.1998

List of competent authorities pursuant to Article 101 of the
implementing Convention

SCH/Com-ex (98) Decl 8
16.12.1998

Treatment of third-country aliens who do not satisfy the
conditions for entry into or stay in the territory of a
Schengen State

SCH/Com-ex (98) Decl 9
16.12.1998

Outcome and conclusions of visits to selected represen-
tations abroad

SCH/Com-ex (98) Decl 10
16.12.1998

Schengen external border security viewed as a system of
integrated security filters

SCH/Com-ex (98) Decl 11 Rev
16.12.1998

1997 Annual Report on the situation at Schengen external
borders

SCH/Com-ex (98) Decl 3
28.4.1999

Report on Schengen external border control in the drugs
sector

(1) The explanations (letters) given in this column relate to the criteria listed in the fourth recital.

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

Decisions of the Central Group

Reference

Subject

Justification (1)

SCH/C (95) 122 Rev 4
31.10.1995

SCH/C (95) 122 Rev 5
23.2.1998

SCH/C (99) 47 Rev
26.4.1999

Adoption of
the Administrative Regulation and the
Financial Regulation for Phase II of the SIRENE network

Amendment to the Financial Regulation for Phase II of the
SIRENE network

Discharge for the budget 1998

(f)

(f)

(f)

(1) The explanations (letters) given in this column relate to the criteria listed in the fourth recital.