2004/79/EC: Council Decision of 17 December 2003 on the signing of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union and the 2001 Protocol thereto
Date: 2003-12-17
Institutions: Council of the European Union
Subjects: Iceland, Norway, agreement (EU), criminal proceedings, judicial cooperation

29.1.2004

EN

Official Journal of the European Union

L 26/1

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 17 December 2003

on the signing of the Agreement between the European Union and the Republic of Iceland and
the Kingdom of Norway on the application of certain provisions of the Convention of 29 May
2000 on Mutual Assistance in Criminal Matters between the Member States of the European
Union and the 2001 Protocol thereto

(2004/79/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Treaty on European Union and in
particular Articles 24 and 38 thereof,

Whereas:

(1)

(2)

(3)

On 29 May 2000 the Council established, in accordance
with Article 34(2)(d) of the Treaty on European Union,
the Convention on Mutual Assistance in Criminal
Matters between the Member States of the European
Union (1)
EU Mutual Assistance
‘the
Convention').

(hereinafter:

Article 2(1) of that Convention determines its provisions
which constitute a development of the Schengen acquis
within the meaning of the Agreement of 18 May 1999
concluded by the Council of the European Union with
the Republic of Iceland and the Kingdom of Norway
concerning the latters' association with the application,
the Schengen
implementation and development of
acquis (2).

(5)

(6)

in
On 16 October 2001 the Council established,
the Treaty on
accordance with Article 34(2)(d) of
European Union,
the Protocol to the Convention on
Mutual Assistance in Criminal Matters between the
Member States of the European Union (3) (hereinafter:
‘the EU Mutual Assistance Protocol').

Article 15 of that Protocol determines that Article 8
thereof constitutes a development of
the Schengen
acquis within the meaning of the Agreement, concluded
the European Union with the
by the Council of
Republic of
Iceland and the Kingdom of Norway
concerning the latters' association with the application,
implementation and development of
the Schengen
acquis.

Pursuant to the terms of Article 8 of that Agreement,
the Republic of Iceland and the Kingdom of Norway
will become bound by the content of those provisions
of the EU Mutual Assistance Convention in their mutual
relations and in their relations with the Member States
of the European Union.

judicial

in the

field of

the Council

Following the Council Decision of 19 December 2002
authorising the Presidency of
to open
negotiations with a view to the application of certain
provisions
cooperation in
criminal matters on the basis of Articles 24 and 38 of
the Treaty on European Union, the Presidency, assisted
by the Commission, negotiated an agreement with the
Republic of
Iceland and the Kingdom of Norway,
according to which the content of the other substantive
provisions of the EU Mutual Assistance Convention and
the EU Mutual Assistance Protocol will also become
applicable to the Republic of Iceland and the Kingdom
relations and in their
of Norway in their mutual
relations with the Member States of
the European
Union.

(1) OJ C 197, 12.7.2000, p. 1.
(2) OJ L 176, 10.7.1999, p. 36.
(3) C 326, 21.11.2001, p. 1.

(7)

That Agreement should be signed on behalf of
European Union, subject to its subsequent conclusion,

the

L 26/2

EN

Official Journal of the European Union

29.1.2004

HAS DECIDED AS FOLLOWS:

Article 2

Article 1

The signing of the Agreement between the European Union
and the Republic of Iceland and the Kingdom of Norway on
the application of certain provisions of the Convention of 29
May 2000 on Mutual Assistance in Criminal Matters between
Member States of the European Union and the 2001 Protocol
thereto is hereby approved on behalf of the European Union,
subject to the Council Decision concerning the conclusion of
the said Agreement.

The text of the Agreement is attached to this Decision.

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement subject to its
conclusion.

Article 3

This Decision and the Agreement attached thereto shall be
published in the Official Journal of the European Union.

Done at Brussels, 17 December 2003.

For the Council

The President

G. ALEMANNO