2000/365/EC: Council Decision 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
Date: 2000-05-29
Institutions: Council of the European Union
Subjects: Northern Ireland, Schengen Agreement, United Kingdom, application of EU law, information system

1.6.2000

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Official Journal of the European Communities

L 131/43

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

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

(2000/365/EC)

THE COUNCIL OF THE EUROPEAN UNION,

integrating the
Having regard to Article 4 of the Protocol
Schengen acquis into the framework of the European Union
annexed to the Treaty on European Union and to the Treaty
establishing the European Community, (hereinafter referred to
as ‘the Schengen Protocol’),

Having regard to the request by the Government of the United
Kingdom of Great Britain and Northern Ireland, by its letters to
the President of the Council of 20 May 1999, 9 July 1999 and
6 October 1999, to participate in certain provisions of the
Schengen acquis, as specified in the said letters,

Having regard to the Opinion of 20 July 1999 of the Commis-
sion of the European Communities on the request,

Whereas the United Kingdom of Great Britain and Northern
Ireland has a special position in respect of matters covered by
Title IV of Part Three of the Treaty establishing the European
Community, as recognised in the Protocol on the position of
the United Kingdom and Ireland and in the Protocol on the
application of certain aspects of Article 14 of the Treaty estab-
lishing the European Community to the United Kingdom and
to Ireland, annexed by the Treaty of Amsterdam to the Treaty
on European Union and to the Treaty establishing the Euro-
pean Community;

Whereas 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;

Whereas the Schengen Protocol provides for the possibility of
the United Kingdom of Great Britain and Northern Ireland to
participate in some of the provisions of the Schengen acquis,
because of the said special position of the United Kingdom;

Whereas the United Kingdom will assume the obligations of a
Member State arising from the Articles of the 1990 Schengen
Convention listed in this Decision;

Whereas having regard to the aforementioned special position
of the United Kingdom, neither the United Kingdom nor the
territories referred to in Article 5 participate by virtue of this
Decision in the frontiers provisions of the 1990 Schengen
Convention;

Whereas taking account of the serious matters addressed by
Articles 26 and 27 of the 1990 Schengen Convention, the
United Kingdom and Gibraltar will apply these articles;

the provisions of

Whereas the United Kingdom has requested to participate in
the ensemble of
the Schengen acquis
concerning the establishment and operation of the Schengen
Information System (hereinafter referred to as the ‘SIS ’), except
in respect of the provisions concerning the alerts referred to in
Article 96 of the Schengen Convention of 1990 and the other
provisions which relate to those alerts;

Whereas it is the view of the Council that any partial participa-
tion by the United Kingdom in the Schengen acquis must
respect the coherence of the subject areas which constitute the
ensemble of this acquis;

in accordance with Article 4 of

Whereas the Council thus recognises the right of the United
Kingdom to make,
the
Schengen Protocol, a request for partial participation, noting at
the same time that it is necessary to consider the impact of
such participation of the United Kingdom in the provisions
concerning the establishment and operation of the SIS on the
interpretation of the other relevant provisions of the Schengen
acquis and on its financial

implications;

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Whereas 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 (1), has
this Decision in
been informed about
accordance with Article 5 of that Agreement,

the preparation of

Articles 112 and 113;

Article 114, in respect of personal data registered in
the national part of the SIS of the United Kingdom;

Articles 115 to 118;

(iii) other provisions concerning the Schengen information

HAS DECIDED AS FOLLOWS:

Article 1

The United Kingdom of Great Britain and Northern Ireland
shall participate in the following provisions of the Schengen
acquis:

(a) In respect of the provisions of the 1990 Convention imple-
menting the Schengen Agreement of 14 June 1985,
its
related Final Act and Joint Statements:

(i) Articles 26 and 27;

Articles 39 and 40;

Articles 42 and 43 to the extent that they relate to
Article 40;

Article 44;

Articles 46 and 47, except for Article 47(2)(c);

Articles 48 to 51;

Articles 52 and 53;

Articles 54 to 58;

Article 59;

Articles 61 to 66;

Articles 67 to 69;

Articles 71 to 73;

Articles 75 and 76;

Articles 126 to 130 to the extent that they relate to
the provisions in which the United Kingdom partici-
pates by virtue of this subparagraph;

Declaration 3 to the Final Act concerning Article
71(2);

(ii) the following provisions concerning the Schengen
information system to the extent that they do not
relate to Article 96:

Article 92;

Articles 93 to 95;

Articles 97 to 100;

Article 101, except paragraph 2 thereof;

Articles 102 to 108;

Articles 109 to 111, in respect of personal data regis-
tered in the national part of the SIS of the United
Kingdom;

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

system:

Article 119;

(b) in respect of the provisions of the Agreements of Accession
to the 1990 Convention implementing the Schengen
Agreement of 14 June 1985, their Final Acts and Common
Declarations:

(i) the Agreement signed on 27 November 1990 on
Accession of the Italian Republic: Articles 2 and 4
and Common Declaration on Articles 2 and 3 to the
extent that it relates to Article 2;

(ii) the Agreement signed on 25 June 1991 on Accession
of the Kingdom of Spain: Articles 2 and 4 and Final
Act, Part III, Declaration 2;

(iii) the Agreement signed on 25 June 1991 on Accession
of the Portuguese Republic: Articles 2, 4, 5 and 6;

(iv) the Agreement signed on 6 November 1992 on
Accession of the Hellenic Republic: Articles 2, 3, 4
and 5 and Final Act, Part III, Declaration 2;

(v) the Agreement signed on 28 April 1995 on Acces-
sion of the Republic of Austria: Articles 2 and 4;

(vi) the Agreement signed on 19 December 1996 on
Accession of the Kingdom of Denmark: Articles 2, 4
and 6 and Final Act, Part II, Joint Declaration 3;

(vii) the Agreement signed on 19 December 1996 on
Accession of the Republic of Finland: Articles 2, 4
and 5 and Final Act, Part II, Joint Declaration 3;

(viii) the Agreement signed on 19 December 1996 on
Accession of the Kingdom of Sweden: Articles 2, 4
and 5 and Final Act, Part II, Joint Declaration 3;

(c) in respect of the provisions of the following Decisions of
the Executive Committee established by the 1990 Conven-
tion implementing the Schengen Agreement of 14 June
1985 to the extent that they relate to the provisions in
which the United Kingdom participates by virtue of
subparagraph (a) above:

(i) SCH/Com-ex (93) 14 (improving practical cooperation
between the judicial authorities to combat drug traf-
ficking);

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

Convention
to an internal arrangement

(setting up the Schengen
SCH/Com-ex (98) 26 def
Committee),
implementing
subject
specifying the
modalities of participation of United Kingdom experts
in missions carried out under the auspices of the rele-
vant Council Working Party;

Standing

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SCH/Com-ex (98) 51 rev 3 (cross border police-
cooperation in the area of crime prevention and detec-
tion when requested);

SCH/Com-ex (98) 52 (handbook on cross border
police-cooperation);

SCH/Com-ex (99) 1 rev 2 (drugs situation);

SCH/Com-ex (99) 6 (telecommunication);

SCH/Com-ex (99) 8 rev 2 (payment to informers);

SCH/Com-ex (99) 11 rev 2 (agreement on cooperation
in proceedings for road traffic offences);

SCH/Com-ex (99) 18 (improvement of police coopera-
tion in preventing and detecting crimes);

(ii) SCH/Com-ex (97) 2 rev 2 (awarding the tender for the

SIS II preliminary study);

SCH/Com-ex (97) 18 (contributions from Norway and
Iceland to the C.SIS operation costs);

SCH/Com-ex (97) 24 (future of SIS);

SCH/Com-ex (97) 35 (C.SIS Financial Regulations);

SCH/Com-ex (98) 11 (C.SIS with 15/18 connections);

SCH/Com-ex (99) 5 (SIRENE Manual);

(d) in respect of the provisions of the following Declarations of
the Executive Committee established by the 1990 Conven-
tion implementing the Schengen Agreement of 14 June
1985 to the extent that they relate to the provisions in
which the United Kingdom participates by virtue of
subparagraph (a) above:

(i) SCH/Com-ex (96) decl 6 rev 2 (declaration on extradi-

tion).

(ii) SCH/Com-ex (97) decl 13 rev 2 (abduction of minors);

SCH/Com-ex (99) decl 2 rev (SIS structure).

Article 2

1.
The officers referred to in the provision of Article 40(4)
of the 1990 Convention as regards the United Kingdom shall
be officers from police forces in the United Kingdom and
officers of Her Majesty's Customs and Excise.

2.
The authority referred to in the provision of Article 40(5)
of the 1990 Convention as regards the United Kingdom shall
be the National Criminal Intelligence Service.

Article 3

The competent Ministry referred to in the provision of Article
65(2) of the 1990 Convention shall be the Home Office as
regards England, Wales and Northern Ireland and the Scottish
Executive as regards Scotland.

Article 4

The delegation in the Joint Supervisory Authority, set up under
Article 115 of the 1990 Convention, representing the national
the United Kingdom shall not be
supervisory authority of

entitled to take part in voting procedures within the Joint
Supervisory Authority on matters relating to the application of
the Schengen acquis, or building upon the
provisions of
Schengen acquis,
in which the United Kingdom does not
participate.

Article 5

1.
The United Kingdom shall notify in writing the President
of the Council which of the provisions referred to in Article 1
it wishes to apply to the Channel Islands and the Isle of Man. A
decision on this request shall be taken by the Council acting
with the unanimity of its Members referred to in Article 1 of
the Schengen Protocol and of the representative of the Govern-
ment of the United Kingdom.

The following of the provisions of Article 1 shall apply to

2.
Gibraltar:

(a) As far as the provisions of the 1990 Convention imple-
menting the Schengen Agreement of 14 June 1985,
its
related Final Act and Joint Statements are concerned:

Articles 26 and 27;

Article 39;

Article 44 to the extent that it does not relate to hot
pursuit and cross border surveillance;

Articles 46 and 47, except for 47(2)(c);

Articles 48 to 51;

Articles 52 and 53;

Articles 54 to 58;

Article 59;

Articles 61 to 63;

Articles 65 to 66;

Articles 67 to 69;

Articles 71 to 73;

Articles 75 and 76;

Articles 126 to 130 to the extent that they relate to the
provisions in which Gibraltar participates by virtue of this
sub-paragraph;

Declaration 3 to the Final Act concerning Article 71(2).

(b) In respect of the provisions of the Agreements of Accession
to the 1990 Convention implementing the Schengen
Agreement of 14 June 1985, their Final Acts and Common
Declarations:

(i) the Agreement signed on 27 November 1990 on

Accession of the Italian Republic: Article 4;

(ii) the Agreement signed on 25 June 1991 on Accession
of the Kingdom of Spain: Article 4 and Final Act, Part
III, Declaration 2.

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(iii) the Agreement signed on 25 June 1991 on Accession
of the Portuguese Republic: Articles 4, 5 and 6.

(iv) the Agreement signed on 6 November 1992 on
Accession of the Hellenic Republic: Articles 3, 4 and
5 and Final Act, Part III, Declaration 2.

(v) the Agreement signed on 28 April 1995 on Acces-

sion of the Republic of Austria: Article 4.

(vi) the Agreement signed on 19 December 1996 on
Accession of the Kingdom of Denmark: Articles 4
and 6 and Final Act, Part II, Joint Declaration 3.

(vii) the Agreement signed on 19 December 1996 on
Accession of the Republic of Finland: Articles 4 and 5
and Final Act, Part II, Joint Declaration 3.

(viii) the Agreement signed on 19 December 1996 on
Accession of the Kingdom of Sweden: Articles 4 and
5 and Final Act, Part II, Joint Declaration 3.

(c) As far as the provisions of the Decisions of the Executive
Committee established by the 1990 Convention imple-
menting the Schengen Agreement of 14 June 1985 are
concerned:

SCH/Com-ex (93) 14 (improving practical cooperation
between the judicial authorities to combat drug trafficking);

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

SCH/Com-ex (98) 51 rev 3 (cross border police-coopera-
tion in the area of crime prevention and detection when
requested);

these provisions have already been put into effect when the
preconditions for the implementation of those provisions have
been fulfilled in all of these Member States and other States, by
a decision taken by the Council. The Council may decide to set
different dates for the putting into effect of different provisions
by subject area.

2.
Before the provisions referred to in Article 1 are put into
effect in accordance with paragraph 1, the Council shall decide
including
on the detailed legal and technical arrangements,
provisions relating to data protection, concerning the participa-
tion of the United Kingdom in the provisions referred to in
paragraphs (a)(ii) and (iii), (c)(ii) and (d)(ii) of Article 1.

Paragraph 1 shall apply mutatis mutandis to the putting
3.
into effect of the provisions referred to in Article 5 in respect
of the territories concerned.

Any decision under paragraphs 1, 2 and 3 shall be taken
4.
by the Council, acting 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.

The provisions of Article 75 of the 1990 Convention
5.
implementing the Schengen Agreement of 14 June 1985 and
of Executive Committee Decision SCH/Com-ex (94) 28 rev
(certificate provided for in Article 75 for transportation of
drugs and/or psychotropic substances) shall be directly applic-
able in the United Kingdom.

Article 7

SCH/Com-ex (98) 52 (handbook on cross border police-
cooperation);

1.

The United Kingdom shall be bound by:

SCH/Com-ex (99) 1 rev 2 (drugs situation);

SCH/Com-ex (99) 6 (telecommunication);

SCH/Com-ex (99) 8 rev 2 (payment to informers);

SCH/Com-ex (99) 11 rev 2 (agreement on cooperation in
proceedings for road traffic offences);

SCH/Com-ex (99) 18 (improvement of police cooperation
in preventing and detecting crimes).

(d) As far as the provisions of the following Declaration of the
Executive Committee established by the 1990 Convention
implementing the Schengen Agreement of 14 June 1985
are concerned:

SCH/Com-ex (96) decl 6 rev 2 (declaration on extradition).

Article 8(3) shall apply to the territories referred to in

3.
paragraphs 1 and 2 above.

Article 6

1. Without prejudice to Article 8(3), the provisions referred
to in Article 1 shall be put into effect, between the United
Kingdom and the Member States and other States for which

(a) Council Decision (1999/323/CE) of 3 May 1999 on the
establishment of a financial regulation governing the budg-
etary aspects of the management by the Secretary-General
of the Council, of contracts concluded in his name, on
behalf of certain Member States, relating to the installation
and the functioning of the Help Desk Server of the Manage-
ment Unit and of the Sirene Network Phase II (1), and any
subsequent amendments thereto.

(b) Council Decision (2000/265/CE) of 27 March 2000 on the
establishment of a financial regulation governing the budg-
etary aspects of the management by the Deputy Secretary-
General of the Council, of contracts concluded in his name,
on behalf of certain Member States, relating to the installa-
tion and the functioning of the communication infrastruc-
ture for the Schengen environment,

‘Sisnet’ (2).

2.
The United Kingdom shall bear all the costs involved in
the technical achievement of its partial participation in the
operation of the SIS.

Article 8

This Decision shall enter into force on the day following
1.
that of its publication in the Official Journal of the European
Communities.

(1) OJ L 123, 13.5.1999, p. 51.
(2) OJ L 85, 6.4.2000, p. 12.

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From the date of adoption of this Decision the United Kingdom of Great Britain and Northern Ireland
2.
shall be deemed irrevocably to have notified the President of the Council under Article 5 of the Schengen
Protocol that it wishes to take part in all proposals and initiatives which build upon the Schengen acquis
referred to in Article 1. Such participation shall cover the territories referred to in Article 5(1) and (2)
respectively, to the extent that the proposals and initiatives build upon the provisions of the Schengen
acquis to which those territories become bound.

3. Measures building upon the Schengen acquis referred to in Article 1 which have been adopted prior
to the adoption of the Council decision referred to in Article 6 shall take effect for the United Kingdom on
the date or dates on which the Council decides under Article 6 to put the acquis referred to in Article 1 into
effect for the United Kingdom unless the measure itself provides for a later date.

Done at Brussels, 29 May 2000.

For the Council

The President

A. COSTA