Initiative of the Hellenic Republic with a view to the adoption of a Council Decision on procedures for amending the Sirene Manual
Date: 2003-04-05
Institutions: Greece
Subjects: Greece, Schengen Agreement, Schengen Information System, legislation, user guide

5.4.2003

EN

Official Journal of the European Union

C 82/25

Initiative of the Hellenic Republic with a view to the adoption of a Council Decision on
procedures for amending the Sirene Manual

(2003/C 82/09)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 30(1)(a) and (b), Article 31(a) and (b) and
Article 34(2)(c) thereof,

Having regard to the initiative of the Hellenic Republic (1),

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

Whereas:

(1) The Schengen Information System, hereinafter referred to
as the ‘SIS’, set up pursuant to the provisions of Title IV of
the Convention of 1990 implementing the Schengen
Agreement of 14 June 1985 on the gradual abolition of
checks at common borders, hereinafter referred to as the
‘Schengen Convention’, constitutes an essential tool for
the application of the provisions of the Schengen acquis
as integrated into the framework of the European Union.

it

(2) Pursuant to the provisions of Article 92 of the Schengen
Convention, the national sections of the Member States
cannot exchange SIS data directly between themselves;
they may only exchange data via the technical support
is appropriate for
function in Strasbourg. However,
required
certain
for
supplementary
implementing
Schengen
the
Convention correctly to be exchanged bilaterally or multi-
laterally. Such supplementary information is needed in
particular in relation to the action required pursuant to
the provisions of Articles 25, 39, 46, 95 to 100, 102(3),
the Schengen
104(3), 106, 107, 109 and 110 of
supplementary
this
Convention. The
information is carried out by the Sirene offices of each
Member State.

information
of

provisions

exchange

certain

of

(3) The Sirene Manual is a set of instructions to operators in
the Sirene offices of each of the Member States which
describes in detail the rules and procedures governing
the
such
supplementary information.

or multilateral

exchange

bilateral

of

(4) It is necessary to establish a procedure for amending the
Sirene Manual in accordance with the relevant provisions
of the various Treaties.

(5) The legislative basis consists of two parts: this Decision
based on Articles 30(1)(a) and (b), 31(a) and (b) and
34(2)(c) of
the Treaty on European Union and a
Council Regulation based on Article 66 of the Treaty
establishing the European Community. The reason for

checks

the Schengen Information System is

to alerts on persons and property for
and other police

this is that, as set out in Article 92 of the Schengen
Convention,
to
enable the authorities designated by the Member States,
to have
by means of an automated search procedure,
the
access
and
purposes of border
country in
customs checks
carried out within the
law,
accordance with national
the
for
as
as well
purposes of
residence permits and the
issuing visas,
administration of legislation on aliens in the context of
the application of the provisions of the Schengen acquis
relating to the movement of persons. The exchange of the
supplementary information required for implementing the
the Schengen Convention referred to in
provisions of
recital 2, carried out by the Sirene offices of each
Member State, also serves these purposes, as well as
assisting with police cooperation generally.

(6) The fact that the legislative basis required for allowing
future amendments to the Sirene Manual consists of
two separate instruments does not affect the principle
that the SIS constitutes, and should continue to constitute,
one single,
information system and that the
Sirene offices should continue to carry out their tasks in
an integrated manner.

integrated,

(7) This Decision sets out procedures for

the taking of
measures necessary for its implementation which mirror
the relevant provisions of Regulation (EC) No . . ./2003,
so as to ensure that there will be one single implementing
process for the amendment of the Sirene Manual as a
whole.

(8) An arrangement has to be made to allow representatives
of Iceland and Norway to be associated with the work of
committees assisting the Commission in the exercise of its
implementing powers. Such an arrangement has been
contemplated in the Exchange of Letters between the
Community and Iceland and Norway, annexed to the
Agreement concluded by the Council of the European
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).

(9) This Decision and the United Kingdom's and Ireland's
participation in its adoption and application are without
prejudice to the arrangements for the United Kingdom's
and Ireland's partial participation in the Schengen acquis
defined by the Council in Decision 2000/365/EC (4) and
in Decision 2002/192/EC (5) respectively.

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

(3) OJ L 176, 10.7.1999, p. 36.
(4) OJ L 131, 1.6.2000, p. 43.
(5) OJ L 64, 7.3.2002, p. 20.

C 82/26

EN

Official Journal of the European Union

5.4.2003

(10) This Decision constitutes an act building on the Schengen
acquis or otherwise related to it within the meaning of
Article 3(1) of the Act of Accession,

HAS DECIDED AS FOLLOWS:

Article 1

The Sirene Manual shall constitute a set of
instructions to
operators in the Sirene offices of each Member State which
establishes the rules and procedures governing the bilateral
or multilateral exchange of supplementary information which
is required in order to implement correctly certain provisions
of the Schengen Convention, as integrated into the framework
of the European Union.

Article 2

The Introduction, Part 1 and Part 2, the introduction of
1.
Part 3 and points 3.1.1, 3.1.2, 3.1.3, 3.1.4, 3.1.5, 3.1.7, 3.1.8,
3.1.9, 3.1.10 and 3.2 of Part 3, the introduction of Part 4 and
points 4.1.1, 4.1.2, 4.2, 4.3, 4.3.1, 4.3.2, 4.3.3, 4.4, 4.4.1,
4.4.2, 4.4.3, 4.5.1, 4.5.2, 4.7, 4.8, 4.9 and 4.10 of Part 4,
the introduction of Part 5 and points 5.1.1, 5.1.2.1, 5.1.2.3,
5.1.2.4, 5.1.2.5, 5.1.2.6, 5.1.2.7, 5.2 and 5.3 of Part 5,
Annexes 1, 2, 3 and 4, the introduction and forms A, B, C,
D, E, F, G, H, I, J, K, L, M and P in Annex 5 and Annex 6 of
the Sirene Manual shall be amended by the Commission in
accordance with the regulatory procedure referred to in
Article 3.

Additional

instructions,

2.
including other Annexes, may
also be introduced into the Sirene Manual in accordance with
the regulatory procedure referred to in Article 3. In the case of
Annex 5, such changes may in particular include the creation
of additional forms where these prove necessary.

The representative of the Commission shall submit to the
3.
committee a draft of the measures to be taken. The committee
shall deliver its opinion on the draft within a time-limit which
the chairman may lay down according to the urgency of the
matter. The opinion shall be delivered by the majority laid
the Treaty establishing the
down in Article 205(2) of
in the case of decisions which the
European Community,
Council
from the
required to adopt on a proposal
Commission. The votes of the representatives of the Member
States within the committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.

is

The Commission shall adopt the measures envisaged if

4.
they are in accordance with the opinion of the committee.

5.
If the measures envisaged are not in accordance with the
opinion of the committee, or if no opinion is delivered, the
Commission shall, without delay, submit
to the Council a
relating to the measures to be taken and shall
proposal
inform the European Parliament.

6.
The Council may act by qualified majority on the
proposal, within two months from the date of referral to the
Council.

If within that period the Council has indicated by qualified
majority that it opposes the proposal, the Commission shall
It may submit an amended proposal to the
re-examine it.
legislative
Council,
proposal.

its proposal or present

re-submit

a

If on the expiry of that period the Council has neither adopted
the proposed implementing act nor indicated its opposition to
the proposal
the proposed
implementing act shall be adopted by the Commission.

implementing measures,

for

Article 3

1. Where reference is made to this Article, the Commission
shall be assisted by a Regulatory Committee composed of the
the Member States and chaired by the
representatives of
representative of the Commission.

2.
The committee shall adopt its rules of procedure on a
proposal by the chair on the basis of standard rules of
procedure which have been published in the Official Journal
of the European Union.

Article 4

This Decision shall take effect on the day following that of its
publication in the Official Journal of the European Union.

Done at . . .

For the Council

The President

. . .