2002/192/EC: Council Decision of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis

Council Decision
of 28 February 2002
concerning Ireland's request to take part in some of the provisions of the Schengen acquis
(2002/192/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to Article 4 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community (hereinafter referred to as "the Schengen Protocol"),
Having regard to the request by the Government of Ireland, made in its letters to the President of the Council of 16 June 2000 and 1 November 2001, to participate in certain provisions of the Schengen acquis, as specified in these letters,
Having regard to the Commission's opinion of 14 September 2000 on the request,
Whereas:
(1) Ireland has a special position in respect of matters covered by Title IV of Part Three of the Treaty establishing the European Community, as recognised in the Protocol on the position of the United Kingdom and Ireland and in the Protocol on the application of certain aspects of Article 14 of the Treaty establishing the European Community to the United Kingdom and to Ireland, annexed by the Treaty of Amsterdam to the Treaty on European Union and to the Treaty establishing the European Community.
(2) The Schengen acquis was conceived and functions as a coherent ensemble to be fully accepted and applied by all States supporting the principle of the abolition of checks on persons at their common borders.
(3) The Schengen Protocol provides for the possibility for Ireland to participate in some of the provisions of the Schengen acquis, because of the said special position of Ireland.
(4) Ireland will assume the obligations of a Member State arising from the Articles of the 1990 Schengen Convention listed in this Decision.
(5) Having regard to the aforementioned special position of Ireland, Ireland will not participate by virtue of this Decision in those provisions of the 1990 Convention implementing the Schengen Agreement of 14 June 1985 (hereinafter referred to as the "Schengen Convention") which concern borders.
(6) Taking account of the serious matters addressed by Articles 26 and 27 of the Schengen Convention, Ireland will apply these articles, together with the measures referred to in this Decision which build upon these articles.
(7) Ireland has requested to participate in the ensemble of the provisions of the Schengen acquis concerning the establishment and operation of the Schengen information system (hereinafter referred to as the "SIS"), except in respect of the provisions concerning the alerts referred to in Article 96 of the Schengen Convention and the other provisions which relate to those alerts.
(8) It is the view of the Council that any partial participation by Ireland in the Schengen acquis must respect the coherence of the subject areas which constitute the ensemble of this acquis.
(9) The Council thus recognises the right of Ireland to make, in accordance with Article 4 of the Schengen Protocol, a request for partial participation, noting at the same time that it is necessary to consider the impact of such participation by Ireland in the provisions concerning the establishment and operation of the SIS on the interpretation of the other relevant provisions of the Schengen acquis and on its financial implications.
(10) The procedure set out in Article 2(1) of the Agreement 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(1) has been observed,