2014/857/EU: Council Decision of 1 December 2014 concerning the notification of the United Kingdom of Great Britain and Northern Ireland of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters and amending Decisions 2000/365/EC and 2004/926/EC
As from 1 December 2014, the United Kingdom shall continue to participate in the provisions of the Schengen acquis as provided in this Decision, including in accordance with Decision 2000/365/EC and Decision 2004/926/EC, as amended by this Decision.
This Article shall be without prejudice to acts and provisions of the Schengen acquis adopted since 1 December 2009 by which the United Kingdom is bound in accordance with Article 5(1) of the Schengen Protocol and Article 8(2) of Decision 2000/365/EC.
Decision 2000/365/EC is amended as follows:
(1)
Article 1 is amended as follows:
(a)
point (a) is amended as follows:
(i)
in point (i):
—
the reference to Article ‘27’ is replaced by ‘27(1)’;
—
the words ‘except for Article 47(2)(c)’ are replaced by ‘except for Article 47(2)(c) and (4)’;
(ii)
points (ii) and (iii) are replaced by the following:
‘(ii)
the following provisions concerning the Schengen Information System:
—
Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) ( *1 ) ;
—
Commission Decision 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II (3rd pillar) ( *2 ) ;
( *1 )
OJ L 205, 7.8.2007, p. 63 ."
( *2 )
OJ L 79, 20.3.2007, p. 29 .’
"
;
(b)
in point (b), points (i) to (v) are deleted and points (vi), (vii) and (viii) are replaced by the following:
‘(i)
the Agreement signed on 19 December 1996 on Accession of the Kingdom of Denmark: Article 6;
(ii)
the Agreement signed on 19 December 1996 on Accession of the Republic of Finland: Article 5;
(iii)
the Agreement signed on 19 December 1996 on Accession of the Kingdom of Sweden: Article 5;’
;
(c)
in point (c), points (i) and (ii) are replaced by the following:
‘SCH/Com-ex (94) 28 rev (certificate provided for in Article 75 for transport of drugs and/or psychotropic substances);
SCH/Com-ex (98) 26 def (setting up the Schengen implementing Convention Standing Committee), subject to an internal arrangement specifying the modalities of participation of United Kingdom experts in missions carried out under the auspices of the relevant Council Working Party.’
;
(d)
point (d) is deleted.
(2)
Articles 2, 3 and 4 are deleted.
(3)
Article 5 is amended as follows:
(a)
in paragraph 1, in the second sentence, the words ‘A decision on this request shall be taken by the Council …’ are replaced by ‘An implementing decision on this request shall be taken by the Council …’;
(b)
paragraph 2 is amended as follows:
(i)
in point (a):
—
the reference to Article ‘27’ is replaced by ‘27(1)’;
—
the words ‘except for Article 47(2)(c)’ are replaced by ‘except for Article 47(2)(c) and (4)’;
(ii)
in point (b), points (i) to (v) are deleted and points (vi), (vii) and (viii) are replaced by the following:
‘(i)
the Agreement signed on 19 December 1996 on Accession of the Kingdom of Denmark: Article 6;
(ii)
the Agreement signed on 19 December 1996 on Accession of the Republic of Finland: Article 5;
(iii)
the Agreement signed on 19 December 1996 on Accession of the Kingdom of Sweden: Article 5.’
;
(iii)
in point (c), the list of acts is replaced by the following:
‘SCH/Com-ex (94) 28 rev (certificate provided for in Article 75 for transport of drugs and/or psychotropic substances).’
;
(iv)
point (d) is deleted.
(4)
Article 6 is amended as follows:
(a)
paragraphs 1 and 2 are replaced by the following:
‘1. The provisions referred to in Article 1(a)(ii), as well as the other relevant provisions concerning the Schengen Information System adopted since 1 December 2009, but not yet put into effect, shall be put into effect, between the United Kingdom and the Member States and other States for which these provisions have already been put into effect, when the preconditions for the implementation of those provisions have been fulfilled, by an implementing decision taken by the Council.’
;
(b)
paragraphs 3, 4 and 5 are renumbered as 2, 3 and 4, respectively;
(c)
in paragraph 4, renumbered 3, the words ‘Any decision under paragraphs 1, 2 and 3’ are replaced by ‘Any implementing decision under paragraphs 1 and 2’.
(5)
In Article 7, paragraph 1 is deleted and paragraph 2 becomes a single paragraph.
Decision 2004/926/EC is amended as follows:
(1)
In Article 1, the following paragraph is added:
‘As from 1 December 2014, the United Kingdom shall continue to apply the provisions referred to in Articles 1(a)(i), (b) and (c) and 5(2) of Decision 2000/365/EC, as amended by Council Decision 2014/857/EU ( *3 ) , as well as the provisions of the acts listed in Annexes I and II to this Decision, as amended by Decision 2014/857/EU.
( *3 ) Council Decision 2014/857/EU of 1 December 2014 concerning the notification of the United Kingdom of Great Britain and Northern Ireland of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters and amending Decisions 2000/365/EC and 2004/926/EC ( OJ L 345, 1.12.2014, p. 1 ).’
"
.
(2)
In Annex I:
(a)
point 4 is deleted;
(b)
the following points are added:
‘8.
Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters ( OJ L 350, 30.12.2008, p. 60 ).
9.
Council Decision 2008/149/JHA of 28 January 2008 on the conclusion on behalf of the European Union of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis ( OJ L 53, 27.2.2008, p. 50 ).
10.
Council Decision 2011/349/EU of 7 March 2011 on the conclusion on behalf of the European Union of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis , relating in particular to judicial cooperation in criminal matters and police cooperation ( OJ L 160, 18.6.2011, p. 1 ).’
.
This Decision shall enter into force on 1 December 2014.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
