HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 337/48
EN
Official Journal of the European Union
11.12.2012
DECISIONS
COUNCIL DECISION
of 6 December 2012
concerning the request of Ireland to take part in some of the provisions of the Schengen acquis
relating to the establishment of a European Agency for the operational management of large-scale
IT systems in the area of freedom, security and justice
(2012/764/EU)
THE COUNCIL OF THE EUROPEAN UNION,
entirety in the Member States bound by it. This excludes
the possibility of partial applicability of Regulation (EU)
No 1077/2011 for Ireland. Consequently, necessary steps
Having regard to Article 4 of the Protocol (No 19) on the
should be taken to ensure that Regulation (EU) No
Schengen acquis integrated into the framework of the
1077/2011 in its entirety is applicable to Ireland.
European Union, annexed to the Treaty on European Union
and to the Treaty on the Functioning of the European Union
(hereinafter the ‘Schengen Protocol’),
(5)
SIS II is part of the Schengen acquis. Regulation (EC) No
1987/2006 of the European Parliament and of the Coun
Having regard to the request by the Government of Ireland, by
cil ( 3 ) and Council Decision 2007/533/JHA ( 4 ) govern the
its letter to the President of the Council of 14 March 2012, to
establishment, operation and use of SIS II. However,
participate in certain provisions of the Schengen acquis, as
Ireland has only taken part in the adoption of Decision
specified in that letter,
2007/533/JHA which develops the provisions of the
Schengen acquis referred to in Article 1(a)(ii) of
Decision 2002/192/EC.
Whereas:
(6)
VIS is also part of the Schengen acquis. Ireland neither
(1) By
Decision
2002/192/EC
( 1 ) the Council authorised
Ireland to take part in some of the provisions of the
took part in the adoption of, nor is bound by Decision
Schengen acquis, in accordance with the conditions set
2004/512/EC ( 5 ), Regulation (EC) No 767/2008 ( 6 ) and
out in that Decision.
Decision 2008/633/JHA (


7 ) which govern the estab
lishment, operation or use of VIS.
(2) On
25
October
2011
the
European
Parliament
and
the
Council adopted Regulation (EU) No 1077/2011 ( 2 )
(7)
Eurodac is not part of the Schengen acquis. Ireland has
establishing a European Agency for the operational
taken part in the adoption of, and is bound by, Council
management of large-scale IT systems in the area of
Regulation (EC) No 2725/2000 ( 8 ) which governs the
freedom, security and justice (hereinafter the ‘Agency’).
establishment, operation and use of Eurodac. However,
in so far as the provisions of Regulation (EU) No
1077/2011 relate to Eurodac, in accordance with
(3) In
accordance
with
Regulation
(EU)
No
1077/2011,
the
Articles 1 and 2 of the Protocol (No 21) on the
Agency is responsible for the operational management of
position of the United Kingdom and Ireland in respect
the second generation Schengen Information System (SIS
of the area of freedom, security and justice, annexed to
II), the Visa Information System (VIS) and Eurodac, and it
the Treaty on European Union and to the Treaty on the
may be made responsible for the preparation, devel
opment and operational management of other large-
(
scale IT systems in the area of freedom, security and

3 ) OJ L 381, 28.12.2006, p. 4.
( 4 ) OJ L 205, 7.8.2007, p. 63.
justice, on the basis of a relevant legislative instrument,
( 5 ) Council Decision 2004/512/EC of 8 June 2004 establishing the Visa
based on Title V of Part Three of the Treaty on the
Information System (VIS) (OJ L 213, 15.6.2004, p. 5).
Functioning of the European Union (TFEU).
( 6 ) Regulation (EC) No 767/2008 of the European Parliament and of
the Council of 9 July 2008 concerning the Visa Information System
(VIS) and the exchange of data between Member States on short-stay
visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
(4) The
Agency
has
a
single
legal
personality
and
is
char
( 7 ) Council Decision 2008/633/JHA of 23 June 2008 concerning access
acterised by the unity of its organisational and financial
for consultation of the Visa Information System (VIS) by designated
structure. To that end, and in accordance with Article 288
authorities of Member States and by Europol for the purposes of the
of the TFEU, the Agency was established by means of a
prevention, detection and investigation of terrorist offences and of
single legislative instrument which is applicable in its
other serious criminal offences (OJ L 218, 13.8.2008, p. 129).
( 8 ) Council Regulation (EC) No 2725/2000 of 11 December 2000
concerning the establishment of ‘Eurodac’ for the comparison of
( 1 ) OJ L 64, 7.3.2002, p. 20.
fingerprints for the effective application of the Dublin Convention
( 2 ) OJ L 286, 1.11.2011, p. 1.
(OJ L 316, 15.12.2000, p. 1).

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EN
11.12.2012 Official
Journal
of
the
European
Union L
337/49
Functioning of the European Union, Ireland did not take
present Ireland does not and cannot participate in the
part in the adoption of Regulation (EU) No 1077/2011
provisions of the Schengen acquis relating to the free
and is therefore not bound by it nor subject to its appli
movement of third country nationals, visa policy and
cation.
the crossing by persons of the external borders of the
Member States. Regulation (EU) No 1077/2011 therefore
(8) In
accordance
with
Article
4
of
Protocol
(No
21)
on
the
contains specific provisions reflecting this special position
position of the United Kingdom and Ireland in respect of
of Ireland, in particular as regards limited voting rights in
the area of freedom, security and justice, Ireland notified
the Management Board of the Agency.
the Commission and the Council by letters of 14 March
2012, of its intention to accept the provisions of Regu
(14) The
Mixed
Committee,
established
pursuant
to
Article
3
lation (EU) No 1077/2011 relating to Eurodac.
of the Agreement concluded by the Council of the
European Union and the Republic of Iceland and the
(9) In
accordance
with
the
procedure
provided
for
in
Kingdom of Norway concerning the latters’ association
Article 331(1) of the TFEU, the Commission confirmed
with the implementation, application, and development
by Decision C(2012) 4881 of 18 July 2012, the appli
of the Schengen acquis ( 1 ), has been informed about the
cation to Ireland of Regulation (EU) No 1077/2011 in so
preparation of this Decision in accordance with Article 5
far as its provisions relate to Eurodac. That Decision
of that Agreement.
provides that Regulation (EU) No 1077/2011 comes
into force for Ireland on the date of entry into force of
(15) The
Mixed
Committee,
established
pursuant
to
Article
3
the Council Decision concerning the request of Ireland to
of the Agreement between the European Union, the
take part in the provisions of Regulation (EU) No
European Community and the Swiss Confederation on
1077/2011 relating to SIS II, as governed by Regulation
the Swiss Confederation’s association with the implemen
(EC) No 1987/2006, and relating to the VIS.
tation, application and development of the Schengen
acquis ( 2 ), has been informed about the preparation of
(10) Given that, following the adoption of Commission
this Decision in accordance with Article 5 of that
Decision C(2012) 4881, the first precondition for the
Agreement,
participation of Ireland in Eurodac-related provisions of
Regulation (EU) No 1077/2011 is fulfilled, and given its
HAS ADOPTED THIS DECISION:
partial participation in SIS II related provisions, Ireland
has the right to participate in the activities of the Agency,
to the extent that the Agency is responsible for the oper
Article 1
ational management of SIS II as governed by Decision
Further to Decision 2002/192/EC, Ireland shall take part in
2007/533/JHA, and the operational management of
Regulation (EU) No 1077/2011 establishing a European
Eurodac.
Agency for the operational management of large-scale IT
systems in the area of freedom, security and justice to the
(11) In order to ensure compliance with the Treaties and the
extent that it relates to the operational management of the
applicable Protocols, and at the same time to safeguard
Visa Information System (VIS) and the parts of the second
the unity and consistency of Regulation (EU) No
generation Schengen Information System (SIS II), in which
1077/2011, Ireland has requested, by letter of
Ireland does not participate.
14 March 2012, to take part in that Regulation under
Article 4 of the Schengen Protocol to the extent that the
Article 2
Agency is responsible for the operational management of
SIS II as governed by Regulation (EC) No 1987/2006 and
This Decision shall enter into force on the day following its
the operational management of VIS.
publication in the Official Journal of the European Union.
(12) The
Council
recognises
the
right
of
Ireland
to
make,
in
accordance with Article 4 of the Schengen Protocol, a
Done at Brussels, 6 December 2012.
request for participation in Regulation (EU) No
1077/2011, to the extent that Ireland does not
participate in that Regulation on other grounds.
For the Council
(13) Participation of Ireland in Regulation (EU) No
The President
1077/2011 is without prejudice to the fact that at
L. LOUCA
( 1 ) OJ L 176, 10.7.1999, p. 36.
( 2 ) OJ L 53, 27.2.2008, p. 52.

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