THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 378/2004 of 19 February 2004 on procedures for amending the Sirene Manual(1), and in particular Article 2 thereof,
Whereas:
(1) The Sirene Manual(2) is a set of instructions to operators in the Sirene offices of each Member State which describes in detail the rules and procedures governing the bilateral or multilateral exchange of supplementary information required for the implementation of certain provisions of the Convention of 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders(3) (hereafter referred to as the Schengen Convention).
(2) Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism(4) introduced certain new functions with respect to the current version of the Schengen Information System (SIS), in particular as regards the provision of access to certain types of data entered into the SIS and the recording and transmissions of personal data. The working procedures within and between the Sirene offices should be adapted accordingly.
(3) The technical development of Sirpit (Sirene Picture Transfer) requires specific working procedures within and between the concerned Sirene offices to enable them to exchange pictures and fingerprints electronically in order to identify persons quickly and accurately. These procedures should be included in the revised version of the Sirene Manual.
(4) Standards of working procedures, technical infrastructure, security and staff requirements of the Sirene offices have developed over time. The Sirene Manual has not been amended since 1999. As a result significant amendments are now required in order to guarantee uniformity of working procedures, technical infrastructure and staff requirements. Given the extent of the necessary amendments to the provisions of the Sirene Manual it is appropriate to replace the current text of the Sirene Manual by a revised and up to date version.
(5) Council Decision 2003/19/EC of 14 October 2002 on declassifying certain parts of the Sirene Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985(5) states that the declassified parts of the Sirene Manual are to be published in the Official Journal of the European Union.
(6) This Decision constitutes the necessary basis for adopting the amendments of the Sirene Manual in respect of matters falling within the scope of the Treaty establishing the European Community (EC Treaty). Commission Decision 2006/758/EC of 22 September 2006 on amending the Sirene Manual(6) constitutes the necessary basis for adopting the amendments of the Sirene Manual in respect of matters falling within the scope of the Treaty on European Union (EU Treaty). The fact that the basis necessary for adopting the revised Sirene Manual consists of two separate instruments does not affect the principle that the Manual constitutes one single Manual. Nevertheless, for the sake of clarity it should be reproduced in the Annexes to both Decisions.
(7) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not a party to the adoption of this Decision and is, therefore, not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the EC Treaty, Denmark shall, in accordance with Article 5 of the said Protocol, decide, within a period of six months after the adoption of this Decision whether it will implement it in its national law.
(8) This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, 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 (7). The United Kingdom is, therefore, not party to its adoption and is not bound by or subject to its application.
(9) This Decision constitutes a development 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 in some of the provisions of the Schengen acquis (8). Ireland is, therefore, not party to its adoption and is not bound by it or subject to its application.
(10) As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC(9) on certain arrangements for the application of that Agreement.
(11) As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which falls within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 4(1) of Decision 2004/860/EC(10) on the signing, on behalf of the European Community, and on the provisional application of certain provisions of that Agreement.
(12) This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3 (2) of the 2003 Act of Accession.
(13) The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 3 of Council Regulation (EC) No 378/2004,
HAS ADOPTED THIS DECISION:
OJ L 162, 30.4.2004, p. 29. Regulation as amended by Council Decision 2005/728/JHA (OJ L 273, 19.10.2005, p. 26).
See page 41 of this Official Journal.