2003/725/JHA: Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders
Date: 2003-10-02
Institutions: Council of the European Union
Subjects: Northern Ireland, Schengen Agreement, United Kingdom, application of EU law, border control

11.10.2003

EN

Official Journal of the European Union

L 260/37

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

COUNCIL DECISION 2003/725/JHA

of 2 October 2003

amending the provisions of Article 40(1) and (7) of the Convention implementing the Schengen
Agreement of 14 June 1985 on the gradual abolition of checks at common borders

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty on European Union, and in parti-
cular Article 32 and Article 34(2)(c) thereof,

Article 1

Having regard to the initiative of the Kingdom of Belgium, the
Kingdom of Spain and the French Republic,

Having regard to the opinion of the European Parliament,

Whereas:

(1)

(2)

(3)

checks at

the Convention implementing the
The provisions of
Schengen Agreement of 14 June 1985 on the gradual
common borders (1) which
abolition of
concern cross-border surveillance should be amended
and their scope broadened with a view to increasing the
investigations, particularly those
success of criminal
concerning offences connected with organised crime.

The United Kingdom is taking part in this Decision, in
accordance with Article 5 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 and
Article 8(2) of Council Decision 2000/365/EC of 29
May 2000 concerning the
the United
Kingdom of Great Britain and Northern Ireland to take
part in some of the provisions of the Schengen acquis (2).

request of

As regards Iceland and Norway, this Decision constitutes
a development of the provisions of the Schengen acquis
within the meaning of 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,
which fall within the area referred to in Article 1, point
H of Council Decision 1999/437/EC of 17 May 1999 on
certain arrangements for the application of that Agree-
ment (3),

(1) OJ L 239, 22.9.2000, p. 19.
(2) OJ L 131, 1.6.2000, p. 43.
(3) OJ L 176, 10.7.1999, p. 31.

The provisions of Article 40 of the Convention implementing
the Schengen Agreement of 14 June 1985 on the gradual aboli-
tion of checks at common borders are hereby amended as
follows:

1. The first subparagraph of paragraph 1, shall be replaced by

the following:

‘1.
Officers of one of the Member States who are keeping
a person under surveillance in their country as part of a
criminal investigation into an extraditable criminal offence
because he is suspected of involvement in an extraditable
criminal offence or, as a necessary part of a criminal investi-
gation, because there is serious reason to believe that he can
assist
in identifying or tracing such a person, shall be
authorised to continue their surveillance in the territory of
another Member State where the latter has authorised cross-
border surveillance in response to a request for assistance
made in advance with supporting reasons. Conditions may
be attached to the authorisation.’

2. Paragraph 7 shall be amended as follows:

(a) in the third indent, ‘rape’ shall be replaced by ‘a serious

offence of a sexual nature’;

(b) in the fifth indent, ‘forgery of money’ shall be replaced
by ‘counterfeiting and forgery of means of payment’;

(c) the following indents shall be added:

‘— serious fraud;

— smuggling of aliens;

— money laundering;

— illicit

trafficking

in

nuclear

and

radioactive

substances;

— participation in a criminal organisation as referred
to in Council
Joint Action 98/733/JHA of 21
December 1998 on making it a criminal offence to
participate
criminal organisation in the
Member States of the European Union;

in a

— terrorist offences as referred to in Council Frame-
work Decision 2002/475/JHA of 13 June 2002 on
combating terrorism.’

L 260/38

EN

Official Journal of the European Union

11.10.2003

This Decision shall not be binding upon Ireland.

This Decision shall not apply to Gibraltar.

Article 2

This Decision shall only apply to the Channel Islands subject to Article 5(1) of Decision 2000/365/

1.

2.

3.
EC.

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

Article 3

Done at Brussels, 2 October 2003.

For the Council

The President

G. PISANU