2004/201/JHA: Council Decision 2004/201/JHA 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 64/45

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

COUNCIL DECISION 2004/201/JHA

of 19 February 2004

on procedures for amending the Sirene Manual

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in par-
ticular 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)

(2)

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.

(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 bilateral or multilateral exchange of such supplemen-
tary information.

(1) OJ C 82, 5.4.2003, p. 25.
(2) Opinion delivered on 23 September 2003 (not yet published in the

Official Journal).

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

(4)

(5)

(6)

(7)

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 Decision should be confined to reflecting the applic-
able version of the provisions of the Schengen Conven-
tion.

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 Decision based on Articles 30(1)(a) and
(b), 31(a) and (b) and 34(2)(c) of the Treaty on European
Union and Council Regulation (EC) No 378/2004 of 19
February 2004 on procedures for amending the Sirene
Manual (4) based on Article 66 of the Treaty establishing
the European Community. 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 proce-
dure, 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 accord-
ance 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.

(8)

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

(4) See page 5 of this Official Journal.

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EN

Official Journal of the European Union

2.3.2004

(9)

This Decision sets out procedures for the taking of
measures necessary for its implementation which mirror
the relevant provisions of Regulation (EC) No 378/2004,
so as to ensure that there will be one single imple-
menting process for
the Sirene
Manual as a whole.

the amendment of

(10) 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 (1), 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 (2).

(11)

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 Decisions 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 (3)
and 2002/192/EC of 28 February 2002 concerning
Ireland's request to take part in some of the provisions
of the Schengen acquis (4), respectively.

request of

(12)

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:

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 accord-
ance 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.

Article 3

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

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

3.
The representative of the Commission shall submit to the
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
down in Article 205(2) of the Treaty establishing the European
Community,
is
required to adopt on a proposal from the 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.

in the case of decisions which the Council

Article 1

The Commission shall adopt the measures envisaged if

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

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.

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
proposal relating to the measures to be taken and shall inform
the European Parliament.

Article 2

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

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,

(1) OJ L 176, 10.7.1999, p. 53.
(2) OJ L 176, 10.7.1999, p. 36.
(3) OJ L 131, 1.6.2000, p. 43.
(4) OJ L 64, 7.3.2002, p. 20.

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

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

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Official Journal of the European Union

L 64/47

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

Article 4

Done at Brussels, 19 February 2004.

For the Council

The President

M. McDOWELL