2004/926/EC: Council Decision of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland
Date: 2004-12-22
Institutions: Council of the European Union
Subjects: Gibraltar, Schengen Agreement, United Kingdom, border control, free movement of persons, judicial cooperation in criminal matters in the EU

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COUNCIL DECISION

of 22 December 2004

on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain
and Northern Ireland

(2004/926/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Council Decision 2000/365/EC of 29 May
2000 concerning the request of the United Kingdom of Great
the
Britain and Northern Ireland to take part
the Schengen acquis (1), and in particular to
provisions of
article 6 thereof,

in some of

Whereas:

The United Kingdom has expressed its intention to
the following parts of
commence implementation of
the Schengen acquis:
Judicial cooperation, Drugs co-
operation, Article 26 and Article 27 of the Schengen
Convention, and Police cooperation.

The United Kingdom indicated to be ready to apply all
provisions of the Schengen acquis referred to in Article 1
of Decision 2000/365/EC with the exception of those
concerning the Schengen Information System.

The United Kingdom will continue to prepare for the
implementation of
the
Schengen Information System and for data protection.

relevant provisions of

the

2000/365/EC have
these
provisions and their later developments to be put into
effect for the United Kingdom.

allowing

fulfilled,

been

(7)

(8)

Decision 2000/365/EC defines, in its Article 5(2), which
provisions of
the Schengen acquis are applicable to
Gibraltar.

An Agreement has been concluded by the Council of the
European Union and the Republic of Iceland and the
Kingdom of Norway on the establishment of rights and
obligations between Ireland and the United Kingdom of
Great Britain and Northern Ireland, on the one hand, and
the Republic of Iceland and the Kingdom of Norway, on
the other, in areas of the Schengen acquis which apply to
these States (2). On the basis of Article 2 of
that
Agreement, the Mixed Committee, established pursuant
to Article 3 of the Agreement concluded by the Council
of the European Union and the Republic of Iceland and
the Kingdom of Norway concerning the latters' asso-
ciation with the implementation, application, and deve-
lopment of the Schengen acquis (3), has been consulted,
in accordance with Article 4 thereof,
the
preparation of this Decision,

about

HAS DECIDED AS FOLLOWS:

A questionnaire was forwarded to the United Kingdom,
whose replies were recorded and a subsequent verifi-
cation and evaluation visit was made to the United
Kingdom in accordance with the procedures applicable
in the area of police cooperation.

Article 1

The provisions referred to in Article 1(a)(i), (b), (c)(i) and (d) (i)
of Decision 2000/365/EC shall be put into effect for the United
Kingdom as from 1 January 2005.

regards

the application of

As
the Schengen acquis
relating to the abovementioned areas, the questionnaire
and the visit demonstrated that the requirements relating
infrastructure
to legislation, manpower levels, training,
and material resources have been satisfied.

The provisions
referred to in Article 5(2) of Decision
2000/365/EC shall be put into effect for Gibraltar as from
1 January 2005.

The preconditions for the implementation by the United
Kingdom of those provisions of the Schengen acquis as
listed in Article 1(a)(i), (b), (c)(i) and (d)(i) of Decision

The provisions of the acts constituting developments of the
Schengen acquis adopted since Decision 2000/365/EC and
listed in Annex I of this Decision shall be put into effect for
the United Kingdom and for Gibraltar as from 1 January 2005.

(1) OJ L 131, 1.6.2000, p. 43.

(2) OJ L 15, 20.1.2000, p. 2.
(3) OJ L 176, 10.7.1999, p. 36.

(1)

(2)

(3)

(4)

(5)

(6)

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The provisions of the acts constituting developments of the
Schengen acquis adopted since Decision 2000/365/EC and
listed in Annex II of this Decision shall be put into effect for
the United Kingdom as from 1 January 2005.

United Kingdom on 19 April 2000 and communicated to the
Member States and the institutions of the European Union.

Article 3

Article 2

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

Formal communications and transmission of decisions between
the Gibraltar authorities, including the judicial authorities, and
those of the Member States of the European Union (except the
United Kingdom) for the purposes of this Decision shall be
carried out in accordance with the procedure provided for in
the arrangements relating to the Gibraltar authorities in the
context of EU and EC instruments and related treaties (see
Annex III to this Decision), concluded between Spain and the

Done at Brussels 22 December 2004.

For the Council
The President

C. VEERMAN

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ANNEX I

List of developments of the Schengen acquis, which shall be put into effect for the United Kingdom of Great Britain and
Northern Ireland and for Gibraltar

1. Council Act of 29 May 2000 establishing the Convention on Mutual Assistance in Criminal Matters between the
Member States of the European Union (provisions referred to in Article 2(1) of the Convention) (OJ C 197, 12.7.2000,
p. 1). The application of the Convention to Gibraltar will enter into effect when the European Convention on Mutual
Assistance in Criminal Matters is extended to Gibraltar.

2. Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention

implementing the Schengen Agreement of 14 June 1985 (OJ L 187, 10.7.2001, p. 45).

3. Council Act of 16 October 2001 establishing the Protocol to the Convention on Mutual Assistance in Criminal
Matters between the Members States of the European Union (provisions referred to in Article 15 of the Protocol) (OJ
C 326, 21.11.2001, p. 1). The Protocol will apply to Gibraltar when the European Convention on Mutual Assistance
that Convention.
in Criminal Matters

in accordance with Article 26 of

in Gibraltar

into effect

enters

4. Council framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to

prevent the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 1).

5. Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and

residence (OJ L 328, 5.12.2002, p. 17).

6. Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers

network (OJ L 64, 2.3.2004, p. 1).

7. Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (OJ

L 261, 6.8.2004, p. 24).

ANNEX II

List of developments of the Schengen acquis, which shall be applied by the United Kingdom of Great Britain and
Northern Ireland:

1. Council Decision 2000/586/JHA of 28 September 2000 establishing a procedure for amending Articles 40(4) and (5),
41(7) and 65(2) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition
of checks at common borders (OJ L 248, 3.10.2000, p. 1).

2. 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 (OJ L 260, 11.10.2003, p. 37).

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ANNEX III

COPY OF LETTER

From: Mr. Javier SOLANA, Secretary General of the Council of the European Union

Date: 19 April 2000

To: Permanent Representatives of the Member States and to other institutions of the European Union

Subject: Gibraltar authorities in the context of E.U. and E.C. instruments and related treaties

I hereby circulate a document which contains agreed arrangements relating to Gibraltar authorities in the context of EU
and EC instruments and related treaties (‘the arrangements’), together with an exchange of correspondence between the
Permanent Representatives of
the
arrangements, are notified to the Permanent Representatives of the Member States and to the other institutions of the
European Union for their information and for the purposes indicated in them.

the United Kingdom and Spain, which,

in accordance with paragraph 8 of

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Agreed Arrangements relating to Gibraltar Authorities in the Context of EU and EC Instruments and Related Treaties

POSTBOXING ARRANGEMENTS

1. Taking account of the responsibility of the United Kingdom of Great Britain and Northern Ireland as the Member State
responsible for Gibraltar, including its external relations, under the terms of Article 299.4 of the Treaty establishing
the European Community, when in an instrument or treaty of the type specified in paragraph 5 a provision is included
whereby a body, authority or service of one Member State of the European Union may communicate directly with
those of another EU Member State or may take decisions with some effect in another EU Member State, such a
in respect of a body, authority or service of Gibraltar (hereinafter referred to as
provision will be implemented,
‘Gibraltar authorities’, in accordance with the procedure in paragraph 2, and in the cases specified therein, through
the authority of the United Kingdom specified in paragraph 3. The obligations of an EU Member State under the
relevant instrument or treaty remain those of the United Kingdom.

2. In order to implement such a provision, formal communications and decisions to be notified which are taken by or
addressed to the Gibraltar authorities will be conveyed by the authority specified in paragraph 3 under cover of a note
in the form attached for illustrative purposes in Annex 1. The authority specified in paragraph 3 will also ensure an
appropriate response to any related enquiries. Where decisions are to be directly enforced by a court or other
enforcement authority in another EU Member State without such notification, the documents containing those
decisions by the Gibraltar authority will be certified as authentic by the authority specified in paragraph 3. To this
effect the Gibraltar authority will make the necessary request to the authority specified in paragraph 3. The certification
will take the form of a note based in Annex 1.

3. The authority of the United Kingdom mentioned in paragraphs 1 and 2 will be The United Kingdom Government/
Gibraltar Liaison Unit for EU Affairs of the Foreign and Commonwealth Office based in London or any United
the United Kingdom may decide to designate.
Kingdom body based in London which the Government of

4. The designation by the United Kingdom of a Gibraltar authority in application of any instrument or treaty specified in
paragraph 5 that includes a provision such as that mentioned in paragraph 1 will also contain a reference to the
authority specified in paragraph 3 in the terms of Annex 2.

5. These arrangements will apply as between EU Member States to:

a) Any present or future European Union or Community instrument or any present or future treaty concluded within

the framework of the European Union or European Community;

b) Any present or future treaty related to the European Union or European Community to which all or a number of
EU Member States or all or a number of EU and EFTA/EEA states are the only signatories or contracting parties;

c) The Council of Europe Conventions mentioned in the Convention of 19 June 1990 implementing the Schengen

Agreement;

d) The following treaties related to instruments of the European Union:

— The convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters

done at the Hague on 15 November 1965.

— The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters done at the Hague on 18

March 1970

— The Convention on the Civil Aspects of International Child Abduction done at the Hague on 25 October 1980

(when extended to Gibraltar).

e) Other treaties to which both sides agree that these arrangements should apply. Where there is no such agreement,

the two sides will nevertheless seek to avoid and to resolve any problems, which may arise.

In respect of the treaties specified in sub-paragraphs (a) and (b) these arrangements will also apply as between all the
contracting parties to those treaties. Paragraphs 1 and 2 of these arrangements will be constructed accordingly.

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6. The spirit of these arrangements will be respected to resolve questions that may arise in the application of any
provisions of the kind described in paragraph 1, bearing in mind the desire of both sides to avoid problems
concerning the designation of Gibraltar authorities.

7. These arrangements or any activity or measure taken for their implementation or as a result of them do not imply on
the side of the Kingdom of Spain or on the side of the United Kingdom any change in their respective positions on the
question of Gibraltar or on the limits of that territory.

8. These arrangements will be notified to the EU institutions and Member States for their information and for the

purposes indicated in them.

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SPECIMEN NOTE FROM THE AUTHORITY SPECIFIED IN PARAGRAPH 3

Annex 1

On behalf of the United Kingdom of Great Britain and Northern Ireland as the Member State responsible for Gibraltar,
including its external relations, in accordance with Article 299 (4) of the Treaty establishing the European Community, I
attach a certificate in respect of (the company), signed by the Commissioner of Insurance, the supervisory authority for
Gibraltar.

In accordance with the Article 14 of the Directive 88/375/EEC, as amended by Article 34 of Directive 92/49/EEC, the
(name of company) has notified to the Commissioner of Insurance in Gibraltar its intention to provide services into
(name of EU Member State). The process envisaged by Article 35 of Directive 92/49/EEC is that within one month of the
notification the competent authorities of the home Member State shall communicate to the host Member State or
Member State within the territory of which an undertaking intends to carry on business under the freedom to
provide services:

a) A certificate attesting that the undertaking has the minimum solvency margin calculated in accordance with Article 16

and 17 of Directive 73/239/EEC;

b) The classes of insurance which the undertaking has been authorised to offer;

c) The nature of the risks which the undertaking proposes to cover in the Member State of the provision of services.

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FORMULA TO BE USED BY THE UNITED KINGDOM WHEN DESIGNATING A GIBRALTAR AUTHORITY

Annex 2

In respect of the application of the (name of instrument) to Gibraltar, the United Kingdom, as the Member State
responsible for Gibraltar, including its external relations, in a accordance with Article 299 (4) of the Treaty establishing
the European Community, designates (name of Gibraltar authority) as the competent authority for the purposes of
(relevant provision of the instrument). In accordance with arrangements notified in Council document xxx of 2000:

1.1. One or more of the following alternatives will be used as appropriate

— any formal communications required under the relevant provisions of (name of instrument) which come from or are

addressed to (name of Gibraltar authority)

— any decision taken by or addressed to (name of Gibraltar authority) which is to be notified under the relevant

provisions of (name of instrument)

will be conveyed by (name of UK authority) under cover of a note. The (name of UK authority) will also ensure an
appropriate response to any related enquiries.

Where decisions are to be directly enforced by a court or other enforcement authority in another Member State without the need of a
formal previous notification

The documents containing such decisions of (name of Gibraltar authority) will be certified as authentic by the (name of
UK authority). To this effect the (name of Gibraltar authority) will make the necessary request to the (name of UK
authority). The certification will take the form of a note.