Initiative of the Hellenic Republic with a view to the adoption of a Council Regulation 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 82/21

II

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

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

(2003/C 82/07)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 66 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
Convention. The
supplementary
this
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 for such amendments consists of two
parts: this Regulation based on Article 66 of the Treaty

establishing the European Community and a Council
Decision based on Articles 30(1)(a) and (b), 31(a) and
(b) and 34(2)(c) of the Treaty on European Union. The
reason for this is that, as set out in Article 92 of the
Schengen Convention, the SIS is to enable the authorities
designated by the Member States, by means of an
automated search procedure, to have access to alerts on
persons and property for the purposes of border checks
and other police and customs checks carried out within
the country in accordance with national law, as well as
for the purposes of issuing visas, residence permits and
the administration of legislation on aliens in the context
of
the Schengen
the provisions of
relating to the movement of persons. The
acquis
exchange of the supplementary information required for
implementing the provisions of the Schengen Convention
referred to in recital 2, carried out by the Sirene offices of
each Member State, also serves these purposes, as well as
assisting with police cooperation generally.

the application of

(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
the SIS itself constitutes, and should continue to
that
constitute, one single,
information system,
and that the Sirene offices should continue to carry out
their tasks in an integrated manner.

integrated,

(7) The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (3).

(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 (4), 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 (5).

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

(3) OJ L 184, 17.7.1999, p. 23.
(4) OJ L 176, 10.7.1999, p. 53.
(5) OJ L 176, 10.7.1999, p. 36.

C 82/22

EN

Official Journal of the European Union

5.4.2003

(9) This Regulation 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 (1) and
in Decision 2002/192/EC (2) respectively.

5 and points 5.1.1, 5.1.2.2, 5.2 and 5.3 of Part 5, and Annexes
1, 2 and 3, tables 3 and 4 in Annex 4, the introduction and
forms C, E, G, I, J, K, L, M, N and O 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.

establishing

taking part

the Treaty

(10) In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
the
European Union and
European Community, Denmark is not
in
the adoption of this Regulation and is not bound by it
or subject to its application. Given that this Regulation
builds upon the Schengen acquis under the provisions of
the Treaty establishing the
Title IV of Part Three of
European Community, Denmark shall,
in accordance
with Article 5 of
the said Protocol decide within a
period of six months after the Council has adopted this
implement it in its national
Regulation whether it will
law.

(11) This Regulation 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 ADOPTED THIS REGULATION:

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.

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.

Article 3

The Commission shall be assisted by a Regulatory

1.
Committee (hereinafter referred to as the ‘Committee’).

2. Where reference is made to this Article, Articles 5 and 7
of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at two months.

3.

The committee shall adopt its Rules of Procedure.

Article 4

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly
applicable in the Member States in accordance with the
Treaty establishing the European Community.

Article 2

Done at . . .

1.
The Introduction, Part 1 and Part 2, the introduction of
Part 3 and points 3.1.3, 3.1.5, 3.1.6, 3.1.8, 3.1.9 and 3.1.10 of
Part 3, the introduction of Part 4 and points 4.3, 4.3.1, 4.3.3,
4.5.1, 4.6, 4.8, 4.9 and 4.10 of Part 4, the introduction of Part

For the Council

The President

. . .

(1) OJ L 131, 1.6.2000, p. 43.
(2) OJ L 64, 7.3.2002, p. 20.