Initiative of the Grand Duchy of Luxembourg with a view to the adoption of a Council Decision establishing a procedure for amending Articles 40(4) and (5), 41(7) and 65(2) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders
Date: 2000-05-12
Institutions: Luxembourg
Subjects: Luxembourg, Schengen Agreement, application of EU law, border control, customs regulations

12.5.2000

EN

Official Journal of the European Communities

C 131/7

II

(Preparatory Acts pursuant to Title VI of the Treaty on European Union)

COUNCIL

Initiative of the Grand Duchy of Luxembourg with a view to the adoption of a Council Decision
establishing a procedure for amending Articles 40(4) and (5), 41(7) and 65(2) of the Convention
implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at
common borders

(2000/C 131/04)

THE COUNCIL OF THE EUROPEAN UNION,

common borders (hereinafter referred to as (cid:145)the Schengen
Convention(cid:146)).

Having regard to the Treaty on European Union, and in
particular Articles 31(b), 32 and 34 thereof,

Having regard to the initiative of
Luxembourg (1),

the Grand Duchy of

Having regard to the opinion of the European Parliament (2),

Whereas:

the Kingdom of
the

(1) On 24 June 1997 the Governments of the Kingdom of
Belgium, the Kingdom of Denmark, the Federal Republic
of Germany, the Hellenic Republic, the Kingdom of Spain,
the French Republic, the Italian Republic, the Grand Duchy
the
of Luxembourg,
Republic of Austria,
the
Republic of Finland and the Kingdom of Sweden agreed
on a Protocol amending Articles 40, 41 and 65 of the
Convention implementing the Schengen Agreement of 14
June 1985, signed in Schengen on 19 June 1990 (here-
inafter referred to as (cid:145)the Protocol(cid:146)) by providing for a
in those
simplified procedure
Articles to (cid:145)officers(cid:146), (cid:145)authorities(cid:146) and (cid:145)competent ministries(cid:146).

the Netherlands,
Portuguese Republic,

to amend references

(2) On 1 May 1999,

the date of entry into force of

the
Amsterdam Treaty, which provided, inter alia, for the inte-
gration of the Schengen acquis into the framework of the
European Union, the Protocol had not entered into force.

(3) The Protocol does not form part of the Schengen acquis as

integrated into the European Union.

(4) After

the integration of

the Schengen acquis

the European Union,

into the
the Member States
framework of
can no longer modify the Convention signed in Schengen
on 19 June 1990 between the Kingdom of Belgium, the
the
Federal Republic of Germany,
the French Republic,
Grand Duchy of Luxembourg and the Kingdom of
the
Netherlands implementing the Schengen Agreement of 14
their
June 1985 on the gradual abolition of checks at

(5) After

the integration of

the Schengen acquis

into the
framework of the European Union, there is still a need
for a simplified procedure to amend the references to
(cid:145)officers(cid:146),
(cid:145)authorities(cid:146) and (cid:145)competent ministries(cid:146), whereby
the Council would allow each Member State to modify
the reference to its (cid:145)officers(cid:146),
(cid:145)authorities(cid:146) and (cid:145)competent
ministries(cid:146) under the provisions of Articles 40(4) and (5),
41(7) and 65(2) of the Schengen Convention (as supple-
mented by the provisions of the Agreements of accession
to the Schengen Convention), if internal changes and reor-
ganisations were to make the existing reference no longer
accurate, without
the
requiring
references to be formally adopted by the Council.

amendment of

the

(6) Any modification of the aforementioned provisions which
do not result merely from internal changes or reorgani-
sations but purport
the
provisions of Articles 40 and 41 to other (cid:145)officers and
authorities(cid:146) should be adopted in accordance with the
relevant provisions of the Treaty.

to extend the powers under

(7) This Decision further develops provisions for which closer
cooperation has been authorised under the Protocol and
which fall within one of the areas covered by Article 1
of Council Decision 1999/437/EC of 17 May 1999 on
certain
the
of
the European
Agreement concluded by the Council of
Union and the Republic of Iceland and the Kingdom of
Norway concerning the association of
those two States
with the implementation, application and development of
the Schengen acquis (3),

arrangements

application

the

for

HAS DECIDED AS FOLLOWS:

Article 1

1.
Each Member State may amend the references under the
provisions of Articles 40(4) and (5), 41(7) and 65(2) of the
Schengen Convention to (cid:145)officers(cid:146), (cid:145)authorities(cid:146) and (cid:145)competent
ministries(cid:146) in respect of its officers, authorities or competent
ministries, whenever, as a result of internal changes or reor-
ganisations, the existing references are no longer accurate.

(1) OJ C . . .
(2) Opinion delivered on . . . (not yet published in the Official Journal).

(3) OJ L 176, 10.7.1999, p. 31.

C 131/8

EN

Official Journal of the European Communities

12.5.2000

Any amendment made pursuant to paragraph 1 shall be
2.
notified by the Member State concerned to the General Secre-
tariat of the Council, which shall disseminate the notification to
all members of the Council.

The Council shall ensure that any such amendment is

3.
published in the Official Journal of the European Communities.

The amendment shall take effect on the day following
the

its publication in the said Official

Journal of

4.
that of
European Communities.

Article 3

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

Article 4

This Decision shall enter into force on . . .

Article 2

Done at . . .

The procedure set out
amendments which have already been made pursuant
Article 1.

in Article 1 shall apply also to
to

For the Council

. . .

The President