Select Committee on European Union Fifth Report


Annex 1

1.  THE UNITED KINGDOM WISHES TO PARTICIPATE IN THE FOLLOWING ARTICLES OF THE SCHENGEN IMPLEMENTING CONVENTION


Articles 39-44, 46-47 Police co-operation
Articles 48-69Mutual assistance in criminal matters, application of the non bis in idem principle, extradition and transfer of the enforcement of criminal judgements
Articles 70-76Narcotic drugs
Articles 92-119Schengen Information System
Articles 126-130Protection of personal data


  The definitions in Article 1 of the Schengen Implementing Convention will apply insofar as they are relevant to the Articles listed above.

  The United Kingdom accepts the provisions of the instruments of accession to the Schengen Convention as they have been listed in Annex B of the Council Decision on the allocation of legal bases.

2.  DECISIONS AND DECLARATIONS OF THE SCHENGEN EXECUTIVE COMMITTEE WHICH RELATE TO THE ARTICLES IN WHICH THE UK WISHES TO SEEK PARTICIPATION

  The United Kingdom has sought to identify all the Decisions and Declarations of the Schengen Executive Committee which relate to those Articles, listed in Part 1, in which we wish to seek participation. This list considers only Decisions and Declarations that are considered to belong to that part of the Schengen acquis which continues to have legally binding force. The UK considers that it cannot seek to participate in measures that fall under the terms of Article 2 of the Council Decision defining the Schengen acquis.

POLICE CO-OPERATION
  Sch/Com-ex Decision (97) 6 rev 2

JUDICIAL CO-OPERATION
  Sch/Com-ex Decision (93) 14;
  Sch/Com-ex Declaration (96) 6 rev 2 (extradition)

NARCOTIC DRUGS
  Sch/Com-ex Decision (94) 28 rev

SCHENGEN INFORMATION SYSTEM
  Sch/Com-ex Decisions (93) 16, 16 rev 2
  Sch/Com-ex Decisions (95) 6, 7, 8, & 9
  Sch/Com-ex Decisions (97) 2 rev 2, 18, 24, 35
  Sch/Com-ex Decisions (98) 11
  Sch/Com-ex Declaration (97) 13

  There are a number of Schengen Executive Committee Decisions agreed in 1998 and 1999, notably those relating to the Schengen Information System and the handbook on police co-operation, which the United Kingdom has only very recently received. The United Kingdom must reserve its position on these decisions until their implications have been properly considered. These are:

POLICE CO-OPERATION
  Sch/Com-ex Decisions (98) 26, 51 rev 3, 52

  Sch/Com-ex Decisions (99) 6, 7 rev 2, 8 rev 2, 18

JUDICIAL CO-OPERATION
  Sch/Com-ex Decisions (99) 11

SCHENGEN INFORMATION SYSTEM
  Sch/Com-ex Decisions (99) 5
  Sch/Com-ex Declaration (99) 2 rev


 
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