Council Decision 2005/451/JHA of 13 June 2005 fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism
Date: 2005-06-13
Institutions: Council of the European Union
Subjects: Iceland, Norway, Schengen Information System, exchange of information, terrorism

L 158/26

EN

Official Journal of the European Union

21.6.2005

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

COUNCIL DECISION 2005/451/JHA

of 13 June 2005

fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the
introduction of some new functions for the Schengen Information System, including in the fight
against terrorism

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EC) No 871/2004 of
29 April 2004 concerning the introduction of some new
functions for the Schengen Information System,
including in
the fight against terrorism (1) (the Council Regulation), and in
particular to Article 2(2) thereof,

Whereas:

(7)

On 24 February 2005 the Council adopted Decision
2005/211/JHA concerning the introduction of
some
new functions for the Schengen Information System,
including in the fight against terrorism (2).

Pursuant to Article 2(1),
(2) and (3) of that Decision,
some of its provisions take effect on the dates specified
therein.

the European Union and the Republic of
Council of
Iceland and the Kingdom of Norway concerning the
latters’ association with the implementation, application
and development of the Schengen acquis (3), which fall
within the area referred to in Article 1, point G of
Council Decision 1999/437/EC of 17 May 1999 on
certain arrangements
that
Agreement (4).

application of

the

for

As regards Switzerland, this Decision constitutes a devel-
opment of those provisions of the Schengen acquis within
the meaning of
signed between the
the Agreement
the European Community and the
European Union,
Swiss Confederation on the Swiss Confederation’s asso-
ciation with the implementation, application and devel-
opment of the Schengen acquis (5), which fall within the
area referred to in Article 1, point G of Decision
1999/437/EC read in conjunction with Article 4(1) of
the Council Decisions of 25 October 2004 on the
signing on behalf of the European Union, and on the
signing on behalf of the European Community, and on
the provisional application of certain provisions of that
Agreement (6),

It is appropriate for identical provisions of the Council
Regulation, to apply from the same dates.

HAS DECIDED AS FOLLOWS:

Article 2(2) of the Council Regulation specifies that the
Council Regulation will apply from a date to be fixed by
the Council, as soon as the necessary preconditions have
been fulfilled, and that the Council may decide to set
different dates for the application of different provisions.

Article 1

Article 1(1) and (3) of the Council Regulation shall apply

1.
from 13 June 2005.

The preconditions referred to in Article 2(2) of
the
Council Regulation have been fulfilled in respect of
Article 1(1), (3), (7) and (8) thereof.

As regards Iceland and Norway, this Decision constitutes
a development of those provisions of the Schengen acquis
within the meaning of the Agreement concluded by the

(1) OJ L 162, 30.4.2004, p. 29.
(2) OJ L 68, 15.3.2005, p. 44.

Article 1(7) and (8) of the Council Regulation shall apply

2.
from 11 September 2005.

3.
Article 1(1), (3), (7) and (8) of the Council Regulation shall
apply in respect of Iceland and Norway from 10 December
2005.

(3) OJ L 176, 10.7.1999, p. 36.
(4) OJ L 176, 10.7.1999, p. 31.
(5) Council doc. 13054/04 accessible on http://register.consilium.eu.int
(6) OJ L 368, 15.12.2004, p. 26 and OJ L 370, 17.12.2004, p. 78.

(1)

(2)

(3)

(4)

(5)

(6)

21.6.2005

EN

Official Journal of the European Union

L 158/27

This Decision shall take effect on the date of its adoption. It shall be published in the Official Journal of the
European Union.

Article 2

Done at Luxembourg, 13 June 2005.

For the Council
The President

J. ASSELBORN