Council Regulation (EC) No 378/2004 of 19 February 2004 on procedures for amending the Sirene Manual
Date: 2004-02-19
Institutions: Council of the European Union
Subjects: Schengen Agreement, Schengen Information System, legislation, user guide

2.3.2004

EN

Official Journal of the European Union

L 64/5

COUNCIL REGULATION (EC) No 378/2004

of 19 February 2004

on procedures for amending the Sirene Manual

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)

(2)

(3)

(4)

(5)

The Schengen Information System, (hereinafter referred
to as the ‘SIS’) set up pursuant to the provisions of Title
the Convention of 1990 implementing the
IV of
Schengen Agreement of 14 June 1985 on the gradual
abolition of checks at common borders (hereinafter
referred to as the ‘Schengen Convention’) (3), constitutes
an essential tool for the application of the provisions of
the Schengen acquis as integrated into the framework of
the European Union.

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
function in Strasbourg. However,
it is appropriate for
certain supplementary information required for imple-
menting certain provisions of the Schengen Convention
correctly to be exchanged bilaterally or multilaterally.
Such supplementary information is needed in particular
in relation to the action required pursuant to Articles
25, 39, 46, 95 to 100, 102(3), 104(3), 106, 107, 109
and 110 of the Schengen Convention. The exchange of
this supplementary information is carried out by the
Sirene offices of each Member State.

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 bilateral or multilateral exchange of such supplemen-
tary information.

Uniformity of the Sirene Manual should be ensured. The
Schengen technical acquis should be applicable here.

Amendments to Part 1 of the Sirene Manual pursuant to
this Regulation should be confined to reflecting the
applicable version of the provisions of the Schengen
Convention.

(6)

(7)

(8)

(9)

It is necessary to establish a procedure for amending the
Sirene Manual
in accordance with the relevant provi-
sions of the various Treaties.

The legislative basis required for allowing future amend-
ments to the Sirene Manual consists of two separate
instruments: this Regulation based on Article 66 of the
Treaty establishing the European Community and
Council Decision 2004/201/JHA of 19 February 2004
on procedures for amending the Sirene Manual (4) 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 Conven-
tion, 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 prop-
erty 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 application
of the provisions of the Schengen acquis relating to the
movement of persons. The exchange of the supplemen-
tary information required for implementing the provi-
sions 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 fact that the legislative basis required consists of two
separate instruments does not affect the principle that
the SIS itself constitutes, and should continue to consti-
tute, one single, integrated, information system, and that
the Sirene offices should continue to carry out their
tasks in an integrated manner.

An arrangement should 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 (5), annexed to the
Agreement concluded by the Council of the European
Union and the Republic of Iceland and the Kingdom of
Norway concerning the latter's association with the
implementation, application and development of
the
Schengen acquis (6).

(1) OJ C 82, 5.4.2003, p. 21.
(2) Opinion delivered on 23 September 2003 (not yet published in the

Official Journal).

(3) OJ L 239, 22.9.2000, p. 19.

(4) See page 45 of this Official Journal.
(5) OJ L 176, 10.7.1999, p. 53.
(6) OJ L 176, 10.7.1999, p. 36.

L 64/6

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Official Journal of the European Union

2.3.2004

(10)

(11)

(12)

(13)

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 Decisions 2000/365/EC of 29
the United
May 2000 concerning the
Kingdom of Great Britain and Northern Ireland to take
part in some of the provisions of the Schengen acquis (1)
and Decision 2002/192/EC of 28 February 2002
concerning Ireland's request to take part in some of the
provisions of the Schengen acquis (2) respectively.

request of

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union and the Treaty establishing the Euro-
pean Community, Denmark is not taking part in the
adoption of this Regulation and is not bound by it or
subject
this Regulation
builds upon the Schengen acquis under the provisions of
Title IV of Part Three of the Treaty establishing the Euro-
pean 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 Regulation
whether it will implement it in its national law.

to its application. Given that

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,

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),

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

1.
The Introduction, Part 1 and Part 2, the Introduction to
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 to 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 to Part
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
to the Sirene Manual shall be amended by the Commission in
accordance with the regulatory procedure referred to in Article
3(2).

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(2). In the case
of Annex 5, such changes may in particular include the crea-
tion of additional forms where these prove necessary.

Article 3

1.

The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, 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.

HAS ADOPTED THIS REGULATION:

3.

The Committee shall adopt its Rules of Procedure.

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

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.

Done at Brussels, 19 February 2004.

For the Council

The President

M. McDOWELL

(1) OJ L 131, 1.6.2000, p. 43.
(2) OJ L 64, 7.3.2002, p. 20.
(3) OJ L 184, 17.7.1999, p. 23.