2007/512/EC: Council Decision of 15 February 2007 on the signing, on behalf of the Community, and on the provisional application of the Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
Date: 2007-02-15
Institutions: Council of the European Union
Subjects: EU office or agency, Iceland, Norway, cooperation policy, customs regulations, external border of the EU, ratification of an agreement

20.7.2007

EN

Official Journal of the European Union

L 188/15

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 15 February 2007

on the conclusion, on behalf of the Community, of an Arrangement between the European
Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the
participation by those States in the European Agency for the Management of Operational
Cooperation at the External Borders of the Member States of the European Union

(2007/511/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty
establishing the European
Community, and in particular Article 62(2)(a) and Article 66
in conjunction with the first sentence of the first subparagraph
of Article 300(2) and the first subparagraph of Article 300(3)
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on
European Union and to the Treaty establishing the
European Community, Denmark is not taking part in
the adoption of this Decision and is not bound by it,
or subject to its application. Since this Decision builds
upon the Schengen acquis under the provisions of Title IV
of Part Three of the Treaty establishing the European
Community, Denmark should,
in accordance with
Article 5 of the said Protocol, decide within a period
the Council has adopted this
six months after
of
Decision whether it will
in its national
it
law or not.

implement

(1)

(2)

According to Article 21(3) of Council Regulation (EC) No
2007/2004 of 26 October 2004 establishing a European
Agency for the Management of Operational Cooperation
at the External Borders of the Member States of the
European Union (2), countries associated with the imple-
mentation, application and development of the Schengen
acquis are to participate in the Agency. The modalities of
their participation are to be determined in further
arrangements to be concluded between the Community
and those countries.

Following the authorisation given to the Commission on
7 October 2004, negotiations with the Republic of
Iceland and the Kingdom of Norway for an Arrangement
on the modalities of the participation by those States in
the European Agency for the Management of Operational
the Member
Cooperation at
States of the European Union have been concluded.

the External Borders of

(4)

(5)

take part,

This Decision constitutes a development of provisions of
the Schengen acquis in which the United Kingdom does
not
in accordance with Council Decision
2000/365/EC of 29 May 2000 concerning the request
of the United Kingdom of Great Britain and Northern
Ireland to take part in some of the provisions of the
Schengen acquis (3). The United Kingdom is therefore
not taking part in its adoption and is not bound by it,
or subject to its application.

This Decision constitutes a development of provisions of
the Schengen acquis in which Ireland does not take part,
in accordance with Council Decision 2002/192/EC of 28
February 2002 concerning Ireland’s request to take part
the Schengen acquis (4).
in some of the provisions of
Ireland is therefore not taking part in its adoption and
is not bound by it, or subject to its application.

(1) Opinion of the European Parliament of 12 December 2006 (not yet

published in the Official Journal).

(2) OJ L 349, 25.11.2004, p. 1.

(3) OJ L 131, 1.6.2000, p. 43.
(4) OJ L 64, 7.3.2002, p. 20.

L 188/16

EN

Official Journal of the European Union

20.7.2007

(6)

According to Council Decision 2007/512/EC (1), and
the
pending its
later date,
conclusion at
Arrangement has been signed on behalf of
the
Community on 1 February 2007.

final

a

(7)

The Arrangement should be concluded,

HAS DECIDED AS FOLLOWS:

Article 1

the participation by

The Arrangement between the European Community and the
Iceland and the Kingdom of Norway on the
Republic of
modalities of
in the
European Agency for the Management of Operational Coop-
eration at the External Borders of the Member States of the
European Union is hereby approved on behalf of
the
Community.

those States

The text of the Arrangement is attached to this Decision (2).

Article 2

The President of the Council is hereby authorised to designate
the person empowered to deposit on behalf of the Community
the instrument of approval provided for in Article 9(1) of the
Arrangement in order to express the consent of the Community
to be bound.

Done at Brussels, 15 February 2007.

For the Council
The President

W. SCHÄUBLE

(1) See page 17 of this Official Journal.

(2) See page 19 of this Official Journal.