2002/192/EC: Council Decision of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis
Date: 2002-02-28
Institutions: Council of the European Union
Subjects: European Union membership, Ireland, Schengen Agreement

L 64/20

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Official Journal of the European Communities

7.3.2002

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 28 February 2002

concerning Ireland's request to take part in some of the provisions of the Schengen acquis

(2002/192/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Article 4 of the Protocol
integrating the
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 Ireland,
made in its letters to the President of the Council of 16 June
2000 and 1 November 2001, to participate in certain provi-
sions of the Schengen acquis, as specified in these letters,

Having regard to the Commission's opinion of 14 September
2000 on the request,

Whereas:

Ireland has a special position in respect of matters
covered by Title IV of Part Three of the Treaty estab-
lishing 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 establishing the Euro-
pean 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.

The Schengen acquis was conceived and functions as a
coherent ensemble to be fully accepted and applied by
all States supporting the principle of the abolition of
checks on persons at their common borders.

(6)

(7)

(8)

(9)

The Schengen Protocol provides for the possibility for
Ireland to participate in some of the provisions of the
Schengen acquis, because of the said special position of
Ireland.

(10)

Ireland will assume the obligations of a Member State
arising from the Articles of the 1990 Schengen Conven-
tion listed in this Decision.

Having regard to the aforementioned special position of
Ireland,
Ireland will not participate by virtue of this
Decision in those provisions of the 1990 Convention
implementing the Schengen Agreement of 14 June 1985

(1)

(2)

(3)

(4)

(5)

(hereinafter referred to as the ‘Schengen Convention’)
which concern borders.

Taking account of
the serious matters addressed by
Articles 26 and 27 of the Schengen Convention, Ireland
together with the measures
will apply these articles,
referred to in this Decision which build upon these
articles.

Ireland has requested to participate in the ensemble of
the provisions of the Schengen acquis concerning the
establishment and operation of the Schengen informa-
tion 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 and the
other provisions which relate to those alerts.

It is the view of the Council that any partial participa-
tion by Ireland in the Schengen acquis must respect the
coherence of
the subject areas which constitute the
ensemble of this acquis.

The Council thus recognises the right of Ireland to make,
in accordance with Article 4 of the Schengen Protocol, a
request for partial participation, noting at the same time
that it is necessary to consider the impact of such partic-
ipation by Ireland in the provisions concerning the
establishment and operation of the SIS on the inter-
pretation of
the
the other
Schengen acquis and on its financial

relevant provisions of
implications.

The procedure set out in Article 2(1) 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 (1) has been observed,

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

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HAS DECIDED AS FOLLOWS:

Article 1

Ireland shall participate in the following provisions of the
Schengen acquis:

(a) in respect of the provisions of the Schengen Convention, its

related Final Act and Joint Statements:

(i) Articles 26 and 27;

Article 39;

Article 44;

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 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 Ireland participates by virtue
of this subparagraph;

Joint Declaration 3 to the Final Act on 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 Ireland;

Articles 112 and 113;

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

Articles 115 to 118;

(iii) other provisions concerning the Schengen information

system:

Article 119;

(b) in respect of the provisions of the Agreements of Accession
to the Schengen Convention, their Final Acts and Common
Declarations:

(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) in respect of the provisions of the following Decisions of
the Executive Committee established by the Schengen
Convention, to the extent that they relate to the provisions
in which Ireland participates by virtue of subparagraph (a):

(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 Irish experts in missions
carried out under the auspices of the relevant Council
working party;

Standing

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 CCIS operation costs);

(i) the Agreement signed on 27 November 1990 on

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

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;

SCH/Com-ex (97) 35 (CCIS Financial Regulations);

SCH/Com-ex (98) 11 (CCIS with 15/18 connections);

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

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(d) in respect of the provisions of the following Declarations of
the Executive Committee established by the Schengen
Convention, to the extent that they relate to the provisions
in which Ireland participates by virtue of subparagraph (a):

(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 competent Ministry referred to in the provision of
Article 65(2) of the Schengen Convention shall be the Depart-
ment of Justice, Equality and Law Reform.

2.

Ireland shall participate in the following Council acts:

(a) Decision 2000/586/JHA of 28 September 2000 estab-
lishing 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 (1) in so far as that
Decision relates to Article 65(2) of the 1990 Convention;

(b) Directive 2001/40/EC of 28 May 2001 on the mutual
recognition of decisions on the expulsion of third country
nationals (2);

(c) Directive 2001/51/EC of 28 June 2001 supplementing the
provisions of Article 26 of the Convention implementing
the Schengen Agreement of 14 June 1985 (3).

Article 3

The delegation in the joint supervisory authority, set up under
Article 115 of
the Schengen Convention, representing the
national supervisory authority of Ireland shall not be entitled to
take part in voting procedures within the joint supervisory
authority on matters relating to the application of provisions of
the Schengen acquis, or building upon the Schengen acquis, in
which Ireland does not participate.

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
on the detailed legal and technical arrangements,
including
provisions relating to data protection, concerning the participa-
tion of Ireland in the provisions referred to in of Article 1(a)(ii)
and (iii), (c)(ii) and (d)(ii).

3.
Any decision under paragraphs 1 and 2 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 repres-
entative of the Government of Ireland. The representative of
the Government of the United Kingdom shall also participate
in the decisions of the Council under this Article.

Article 5

1.

Ireland shall be bound by the following Council acts:

(a) Decision 1999/323/EC of 3 May 1999 on the establish-
ment of a Financial Regulation governing the budgetary
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 Management
Unit and of the Sirens Network Phase II (4), and any amend-
ments thereto;

(b) Decision 2000/265/EC of 27 March 2000 on the establish-
ment of a Financial Regulation governing the budgetary
the management by the Deputy Secretary-
aspects of
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-
‘Signet’ (5), and any
ture for the Schengen environment,
amendments thereto;

(c) Decision 2000/777/EC of 1 December 2000 on the
application of the Schengen acquis in Denmark, Finland and
Sweden, and in Iceland and Norway (6);

(d) Regulation (EC) No 2424/2001 of 6 December 2001 on
the development of the second generation Schengen infor-
mation system (SIS II) (7);

(e) Decision 2001/886/JHA of 6 December 2001 on the devel-
opment of the second generation Schengen information
system (SIS II) (8).

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

Article 4

Article 6

1. Without prejudice to Article 6(3), the provisions referred
to in Article 1 shall be put into effect, between Ireland 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 in
all of these Member States and other States, by a decision taken

(1) OJ L 248, 3.10.2000, p. 1.
(2) OJ L 149, 2.6.2001, p. 34.
(3) OJ L 187, 10.7.2001, p. 45.

This Decision shall be published in the Official Journal of

1.
the European Communities.

It shall take effect on 1 April 2002.

(4) OJ L 123, 15.5.1999, p. 51.
(5) OJ L 85, 6.4.2000, p. 12. Decision as last amended by Decision

2000/664/EC (OJ L 278, 31.10.2000, p. 24).

(6) OJ L 309, 9.12.2000, p. 24.
(7) OJ L 328, 13.12.2001, p. 4.
(8) OJ L 328, 13.12.2001, p. 1.

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From the date of adoption of this Decision, Ireland shall be deemed irrevocably to have notified the
2.
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.

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 4(1), including the measures referred to in
Article 2(2)(a) to (c), shall take effect for Ireland on the date or dates on which the Council decides, under
Article 4, to put the acquis referred to in Article 1 into effect for Ireland unless the measure itself provides
for a later date.

Done at Brussels, 28 February 2002.

For the Council

The President

A. ACEBES PANIAGUA