[F1 Article 5 U.K.

1. The United Kingdom shall notify in writing the President of the Council which of the provisions referred to in Article 1 it wishes to apply to the Channel Islands and the Isle of Man. [F2 An implementing decision on this request shall be taken by the Council] acting with the unanimity of its Members referred to in Article 1 of the Schengen Protocol and of the representative of the Government of the United Kingdom.

2. The following of the provisions of Article 1 shall apply to Gibraltar:

(a) As far as the provisions of the 1990 Convention implementing the Schengen Agreement of 14 June 1985, its related Final Act and Joint Statements are concerned:

• (a) Articles 26 and [F2 27(1)];

• Article 39;

• Article 44 to the extent that it does not relate to hot pursuit and cross border surveillance;

• Articles 46 and 47, [F2 except for Article 47(2)(c) and (4)];

• Articles 48 to 51;

• Articles 52 and 53;

• Articles 54 to 58;

• Article 59;

• Articles 61 to 63;

• Articles 65 to 66;

• Articles 67 to 69;

• Articles 71 to 73;

• Articles 75 and 76;

• Articles 126 to 130 to the extent that they relate to the provisions in which Gibraltar participates by virtue of this sub-paragraph;

• Declaration 3 to the Final Act concerning Article 71(2).

(b) In respect of the provisions of the Agreements of Accession to the 1990 Convention implementing the Schengen Agreement of 14 June 1985, their Final Acts and Common Declarations:

(i)

F3 ...

(ii)

(iii)

(iv)

(v)

(i)

[F2 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) As far as the provisions of the Decisions of the Executive Committee established by the 1990 Convention implementing the Schengen Agreement of 14 June 1985 are concerned:

[F2 SCH/Com-ex (94) 28 rev (certificate provided for in Article 75 for transport of drugs and/or psychotropic substances).]

[F3 ((d)] F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Article 8(3) shall apply to the territories referred to in paragraphs 1 and 2 above.]

Textual Amendments

F1 Decision revoked so far as it relates to Articles 26, 39, 40, 42, 43, 46-49 and 51 of the 1990 Schengen Convention (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 8(1)(a), 99(a), 119(1)(a) (with reg. 8(3)) (as amended by S.I. 2020/1408, regs. 1, 7, 8, 29) and The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), reg. 1(2), Sch. 1 Pt. 1; 2020 c. 1, Sch. 5 para. 1(1)

F2 Substituted by 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 (2014/857/EU).

F3 Deleted by 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 (2014/857/EU).