Explanatory Memorandum to SWD(2014)166 - Revised preliminary list of the former third pillar acquis

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dossier SWD(2014)166 - Revised preliminary list of the former third pillar acquis.
source SWD(2014)166 EN
date 14-05-2014
EUROPEAN COMMISSION

Contents

1.

Brussels, 14.5.2014 SWD(2014) 166 final


COMMISSION STAFF WORKING DOCUMENT

Revised preliminary list of the former third pillar acquis

COMMISSION STAFF WORKING DOCUMENT REVISED PRELIMINARY LIST OF THE FORMER THIRD PILLAR ACQUIS

Situation as of 14 May 2014

Article 10 (1) of Protocol 36 attached to the Treaty on the European Union provides for a transitional period before the full powers of the Commission and of the Court of Justice apply to the acts in the field of police cooperation and judicial cooperation in criminal matters (“former third pillar acquis") adopted before the entry into force of the Lisbon Treaty.

As of 1 December 2014, the transitional phase will come to an end. This will lift current limitations to the judicial control by the European Court of Justice and to the Commission's power to launch infringement proceedings, as the guardian of the Treaty over the area of police cooperation and judicial cooperation in criminal matters.

The attached list updates the list SWD(2014) 109 final which was presented on 14 March 2014, taking into account comments formulated by delegations in the Friends of the Presidency Group on Protocol 36 and legislative developments which have occurred in the meantime. This list also includes a number of instruments which have been lisbonised through their amendment by acts adopted after the entry into force of the Lisbon treaty.

It has been prepared by the Commission services with a view to assist Member States and to provide clarity on the third pillar acts to which Article 10 (1) to (3) of Protocol 36 will apply. It must be noted that the situation may still evolve before 1 December 2014, depending on the adoption of some proposals that aim at amending or repealing the former third pillar acts concerned.

Although efforts have been made to make this list exhaustive, it has only indicative value; it does not replace the publication in the Official Journal or the notification of adopted instruments, which are the only authoritative formal sources of Union law.

This list is without prejudice to future proposals on repeal of obsolete acts.

1

N°YearTitleComments
11995Council Act of 10 March 1995, adopted on the basis of Article K.3 of the Treaty on the EU, drawing up the convention on simplified extradition procedures between the Member States of the European UnionReplaced by the Convention on mutual assistance in criminal matters

between the Member States of the European Union.

2.

Remains valid for AT, FR and IT


3.

It has also been considered as Schengen acquis, see mention below in the


Schengen part of this document.
21995Council Act of 26 July 1995 drawing up the Convention on the protection of the European Communities' financial interestsWould be replaced by the Directive on the fight against fraud to the Union's financial interests by means of criminal law (PIF) COM(2012)363, once adopted.
31996Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union
41996Council Act of 27 September 1996 drawing up the Convention relating to extradition between the MS of the European UnionRemains valid for AT, FR and IT

4.

Part of it has also been considered as Schengen acquis, see mention below


in the Schengen part of this document.
51996Joint Action 96/610/JHA concerning the creation and maintenance of a Directory of specialized counter-terrorist competences, skills and expertise to facilitate counter-terrorist cooperation between the Member States of the European Union
61996Joint Action 96/698/JHA on cooperation between customs authorities and business organizations in combating drug trafficking
71996Joint Action 96/699/JHA concerning the exchange of information on the chemical profiling of drugs to facilitate improved cooperation between Member States in combating illicit drug trafficking
81996Joint Action 96/747/JHA concerning the creation and maintenance of a directory of specialized competences, skills and expertise in the fight against international organized crime, in order to facilitate law enforcement cooperation between the Member States of the European Union
91996Joint Action 96/750/JHA concerning the approximation of the laws and practices of the Member States of the European Union to combat drug addiction and to prevent and combat illegal drug trafficking

2

101996Council Act of 27 September 1996 drawing up a Protocol to the Convention on the protection of the European Communities' financial interestsWould be replaced by the Directive on the fight against fraud to the Union's financial interests by means of criminal law (PIF) COM(2012)363, once adopted.
111996Council Act of 29 November 1996 drawing up, on the basis of Article K.3 of the Treaty on European Union, the Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interestsWould be replaced by the Directive on the fight against fraud to the Union's financial interests by means of criminal law (PIF) COM(2012)363, once adopted.
121997Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union
131997Joint Action 97/339/JHA of 26 May 1997 with regard to cooperation on law and order and security
141997Joint Action 97/372/JHA of 9 June 1997 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, for the refining of targeting criteria, selection methods, etc., and collection of customs and police information
151997Council Act of 19 June 1997 drawing up the Second Protocol of the Convention on the protection of the European Communities' financial interestsWould be replaced by the Directive on the fight against fraud to the Union's financial interests by means of criminal law (PIF) COM(2012)363, once adopted.
161997Joint Action 97/827/JHA of 5 December 1997 establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organized crime
171997Council Act of 18 December 1997 drawing up the Convention on mutual assistance and cooperation between customs administrations, known as the “Naples II Convention”
181998Council Act of 17 June 1998 drawing up the Convention on Driving DisqualificationsNever entered into force for lack of ratifications (only 7 ratifications made: BG, CY, ES, UK, IE, RO and SK).
191998Joint Action 98/427/JHA of 29 June 1998 on good practice in mutual legal assistance in criminal matters

3

201998Joint Action 98/699/JHA of 3 December 1998 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and proceeds from crimeReplaced by the Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The JA remains in force for DK and the UK
211998Joint Action 98/700/JHA of 3 December 1998 concerning the setting up of a European Image Archiving System (FADO)
221999Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employeesThese staff regulations apply to staff engaged by Europol before the Europol Council Decision of 2009 entered into force. Article 55(1) of the proposal for a new Europol Regulation (COM(2013)173 of 27/03/2013) proposes no change to the status of this Europol staff.
231999Council Decision 1999/615/JHA of 13 September 1999 defining 4-MTA as a new synthetic drug which is to be made subject to control measures and criminal penaltiesWould be confirmed, through the reference in the Annex, by the proposed Directive amending Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, as regards the definition of drug, COM(2013)618 final, once adopted.
242000Council Decision 2000/261/JHA of 27 March 2000 on the improved exchange of information to combat counterfeit travel documents
252000Council Decision 2000/375/JHA to combat child pornography on the internet
262000Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euroReplaced by the Directive on reinforcing the protection of the euro against

5.

counterfeiting with criminal law sanctions of 6 May 2014 (not yet published in


OJ).

6.

This Framework Decision remains in force for DK, UK

272000Council Decision 2000/641/JHA of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention)
282000Council Decision 2000/642/JHA of 17 October 2000 concerning arrangements between financial intelligence units of the Member States in respect of exchanging information

4

292000Council Act of 29 May 2000 establishing the Convention on mutual assistance in criminal matters between the Member States of the European UnionIE, IT and EL have not yet ratified.

7.

Replaced as from April 2017 by Directive 2014/41 on the European


8.

Investigation Order of 3 April 2014, for those measures covered by the scope


of the Directive (all measures except controlled deliveries – Art; 12 MLA - and

9.

JITs - Art. 13 MLA) and for the Member States which participated in the


10.

adoption of the Directive (all except DK and IE)


11.

In part Schengen acquis, see mention below in the Schengen part of this


document.
302001Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedingsReplaced by Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime for all the Member States who participated in the adoption of the Directive. This Framework Decision remains in force for Denmark.
312001Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment
322001Council Decision 2001/419/JHA of 28 May 2001 on the transmission of samples of controlled substances
332001Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (repealing Articles 1, 3, 5(1) and 8(2) of Joint Action 98/699/JHA)Amended by the Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union.
342001Council Act of 16 October 2001 establishing the Protocol to the Convention on mutual assistance in criminal matters between the Member states of the European UnionReplaced as from April 2017 by Directive 2014/41 on the European

12.

Investigation Order of 3 April 2014, for those measures covered by the scope


of the Directive (all measures except controlled deliveries – Art; 12 MLA - and

13.

JITs - Art. 13 MLA) and for the Member States which participated in the


14.

adoption of the Directive (all except DK and IE)


15.

In part Schengen acquis, see mention below in the Schengen part of this


document.
352001Council Decision 2001/887/JHA of 6 December 2001 on the protection of the euro against counterfeiting

5

362001Council Framework Decision 2001/888/JHA of 6 December 2001 amending Framework Decision 2000/383/JHA on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euroReplaced by the Directive on reinforcing the protection of the euro against

16.

counterfeiting with criminal law sanctions of 6 May 2014 (not yet published in


OJ);

17.

This Framework Decision remains in force for DK, UK

372002Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crimeWould be replaced by the Regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust) COM(2013)535, once adopted.
382002Council Decision 2002/188/JHA of 28 February 2002 concerning control measures and criminal sanctions in respect of the new synthetic drug PMMAWould be confirmed, through the reference in the Annex, by the proposed Directive amending Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, as regards the definition of drug, COM(2013)618 final, once adopted.
392002Council Decision 2002/348/JHA of 25 April 2002 concerning security in connection with football matches with an international dimension
402002Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams
412002Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism
422002Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes
432002Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States
442002Council Framework Decision 2002/629/JHA on combating trafficking in human beingsReplaced by the Directive 2011/36/EU of the European Parliament and of the Council on preventing and combating trafficking in human beings and protecting its victims for all Member States who participated in the adoption of the Directive. This Framework Decision remains in force for Denmark.
452002Council Decision 2002/956/JHA of 22 November 2002 setting up a European Network for the Protection of Public Figures

6

462002Council Decision 2002/996/JHA of 28 November 2002 establishing a mechanism for evaluating the legal systems and their implementation at national level in the fight against terrorism
472003Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector
482003Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidenceReplaced by Directive 2014/41 on the European Investigation Order of 3 April 2014 for those measures covered by the scope of the Directive and for those Member States which participated in the adoption of the Directive (all except DK and IE).
492003Council Decision 2003/642/JHA of 22 July 2003 concerning the application to Gibraltar of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union
502003Council Decision 2003/659/JHA of 18 June 2003 amending Council Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crimeWould be replaced by the Regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust) COM(2013)535, once adopted.
512003Council Decision 2003/847/JHA of 27 November 2003 concerning control measures and criminal sanctions in respect of the new synthetic drugs 2C-I, 2C-T-2, 2C-T-7 and TMA-2Would be confirmed, through the reference in the Annex, by the proposed Directive amending Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, as regards the definition of drug, COM(2013)618 final, once adopted.
522003Council Decision 2003/335/JHA on the investigation and prosecution of genocide, crimes against humanity and war crimes
532003Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornographyReplaced by the Directive 2011/92/EU of the European Parliament and the Council on combating the sexual abuse and sexual exploitation of children and child pornography in relation to Member States who participated in the adoption of the Directive. This Framework Decision remains in force for Denmark.
542004Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of drug traffickingWould be amended by the Directive of the European Parliament and of the Council amending Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, as regards the definition of drug COM(2013)618, once adopted.

7

552004Council Decision 2004/919/EC of 22 December 2004 on tackling vehicle crime with cross-border implications
562005Council Common Position 2005/69/JHA of 24 January 2005 on exchanging certain data with Interpol
572005Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-related Proceeds, Instrumentalities and PropertyAmended by the Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union.
582005Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties
592005Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systemsReplaced by Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA in relation to Member States who participated in the adoption of the Directive. This Framework Decision remains in force for Denmark.
602005Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substancesWould be replaced and repealed by the proposed Regulation of the European Parliament and of the Council on new psychoactive substances COM(2013)619, once adopted
612005Council Decision 2005/511/JHA of 12 July 2005 on protecting the euro against counterfeiting, by designating Europol as the Central Office for combating euro-counterfeiting
622005Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences
632005Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHAAmended by the Regulation of the European Parliament and of the Council amending Decision 2005/681/JHA establishing the European Police College (CEPOL) of 6 May 2014.
642006Council Decision 2006/560/JHA of 24 July 2006 amending Decision 2003/170/JHA on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States

8

652006Council Decision 2006/697/EC of 27 June 2006 on the signing of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and NorwayPending some Member State declarations, the agreement has not yet entered into force.
662006Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognitions to confiscation orders
672006Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union, known as the 'Swedish Initiative'
682007Council Decision 2007/412/JHA of 12 June 2007 amending Decision 2002/348/JHA concerning security in connection with football matches with an international dimension
692007Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or property related to, crime
702008Council Decision 2008/206/JHA of 3 March 2008 defining 1-benzylpiperazine (BZP) as a new psychoactive substance which is to be made subject to control measures and criminal provisionsWould be confirmed, through a reference in the Annex, by the proposed Directive amending Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, as regards the definition of drug, COM(2013)618 final, once adopted.
712008Council Decision 2008/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crimeWould be replaced by the Regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust) COM(2013)535, once adopted.
722008Council Decision 2008/615/JHA of 23 June 2008 on stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, known as the “Prüm Decision”
732008Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Council Decision 2008/615/JHA on stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, known as the “Prüm Implementation Decision”

9

742008Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations
752008Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings
762008Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime
7720082008/852 Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption
782008Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purposes of their enforcement in the European Union ("transfer of prisoners")
792008Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law
802008Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism
812008Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions
Cf. 1222008Council 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 mattersThis Decision, which is commented on under item 122 below, is also relevant to the non-Schengen acquis.

It would be repealed by the proposed Directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data (COM(2012)10 final), once adopted.
822008Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network
832008Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal mattersEntirely replaced but not repealed by Directive 2014/41 on the European Investigation Order of 3 April 2014; FD remains in force for DK and IE.

18.

10


842009Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial
852009Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States
862009Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA
872009Council Decision 2009/371/JHA establishing the European Police Office (Europol)Would be replaced and repealed by the proposed Europol Regulation COM(2013)173 of 27 March 2013 once adopted.
882009Council Decision 2009/796/JHA of 4 June 2009 amending Decision 2002/956/JHA setting up a European Network for the Protection of Public Figures
892009Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions of supervision measures as an alternative to provisional detention
902009Council Decision 2009/902/JHA of 30 November 2009 setting up a European Crime Prevention Network (EUCPN) and repealing Decision 2001/427/JHA
912009Council Framework Decision 2009/905/JHA of 30 November 2009 on accreditation of forensic service providers carrying out laboratory activities
922009Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposes

19.

11


932009Council Decision 2009/820/CFSP of 23 October 2009 on the conclusion, on behalf of the European Union, of the Agreement on extradition between the European Union and the United States of America and the Agreement on mutual legal assistance between the European Union and the United States of America
942009Agreement on mutual legal assistance between the European Union and the United States of America
952009Agreement on extradition between the European Union and the United States of America
962009Council Decision 2009/933/CFSP of 30 November 2009 on the extension, on behalf of the European Union, of the territorial scope of the Agreement on extradition between the European Union and the United States of America
972009Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol's relations with partners, including the exchange of personal data and classified informationAll legislative measures implementing the current Europol Council Decision would be repealed by Article 78 of the proposed Europol Regulation COM(2013)173 of 27 March 2013, once adopted.
982009Council Decision 2009/935/JHA of 30 November 2009 determining the list of third countries with which Europol shall conclude agreementsAmended by the Council Implementing Decision amending Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements of 6 May 2014.
992009Council Decision 2009/936/JHA of 30 November 2009 adopting the implementing rules for Europol analysis work filesAll legislative measures implementing the current Europol Council Decision would be repealed by Article 78 of the proposed Europol Regulation COM(2013)173 of 27 March 2013, once adopted.
1002009Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal matters
1012009Council Decision 2009/968/JHA of 30 November 2009 adopting the rules on the confidentiality of Europol informationAll legislative measures implementing the current Europol Council Decision would be repealed by Article 78 of the proposed Europol Regulation COM(2013)173 of 27 March 2013, once adopted.

20.

12


SCHENGEN MEASURES

1021990Convention implementing the Schengen Agreement of 1985,

21.

Art 27(2) (3), 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 71, 72, 73, 126, 127, 128, 129, 130


Final Act - Declaration N° 3 (concerning Art 71(2))

Accession Agreements: Italy, Spain, Portugal, Greece, Austria, Denmark, Finland, Sweden.
Art 27 (2) and (3) has been repealed by the Framework Decision 2002/946 and Directive 2002/90/EC.

Art 39 (1), (2) (3) and 46 - to the extent that these provisions have not been replaced by Council Framework Decision 2006/960/JHA.

22.

Art 40(1)(7) as amended and completed by the Council Decision 2003/725/JHA


Art 47(4) was repealed by the Council Decision 2003/170/JHA.

Art 48, 50, 51, as supplemented by the 2000 Convention on Mutual assistance.

Art 49(a), 52, 53 and 73 were repealed by the 2000 Convention on Mutual Assistance.

Art 59 to 66 were replaced, in relations between the Member States and subject to the transitional provision in article 32 of Framework Decision 2002/584/JHA, by Council FD 2002/584/JHA on the European Arrest Warrant and the surrender procedures between MS.

Art. 48 to 53 and art. 73 are replaced, between Member States and subject to the transitional provision in article 35 of Directive 2014/41, by Directive 2014/41 on the European Investigation Order.

Art 61, 62(1)(2), 63, 65 and 66 were repealed by the Council Decision 2003/169/JHA of 27 February 2003.
1031993SCH/Com-ex (93) 14 of 14 December 1993 on improving practical judicial cooperation for combating drug trafficking
Cf. 11995Council Act of 10 March 1995, adopted on the basis of Article K.3 of the Treaty on the EU, drawing up the convention on simplified extradition procedures between the Member States of the European UnionReplaced by the Convention on mutual assistance in criminal matters between the Member States of the European Union. Remains valid for AT, FR and IT

23.

13


Article 1 of Council Decision 2003/169/JHA of 27 February 2003 determining which provisions of the 1995 Convention on simplified extradition procedure between the Member States of the European Union and of the 1996 Convention relating to extradition between the Member States of the European Union constitute developments of the Schengen acquis in accordance with the Agreement concerning the Republic of Iceland's and the Kingdom of Norway's association with the implementation, application and development of the Schengen acquis qualifies this convention as a development of the Schengen acquis, and in particular of Article 66 of the Schengen Convention.
1041996Declaration of the Executive Committee of 2 June 1996 on extradition (SCH/Com-ex (96) Decl. 6 Rev. 2
Cf. 41996Council Act of 27 September 1996 drawing up the Convention relating to extradition between the MS of the European UnionReplaced by the Convention on mutual assistance in criminal matters between the Member States of the European Union. Remains valid for AT, FR and IT

Article 2 of Council Decision 2003/169/JHA of 27 February 2003 qualifies Articles 2, 6, 8, 9 and 13 of the 1996 Extradition Convention and Article 1 thereof, to the extent that that Article is pertinent to those other Articles, as developments of the provisions of the Schengen acquis, and in particular of Article 61, Article 62(1) and (2), and Articles 63 and 65 of the Schengen Convention.
1051998Declaration of the Executive Committee of 9 February 1998 on the abduction of minors (SCH/Com-ex (97) decl. 13 rev 2)
1061998SCH/Com-ex (98) 26 def. of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of SchengenRepealed with effect from 26 November 2013, with transitional provisions detailed in art. 23 of Council Regulation 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen.
1071998SCH/Com-ex (98)52 of 16 December 1998 on the Handbook on crossborder police cooperation
1081999SCH/Com-ex (99)6 of 28 April 1999 on the Schengen acquis relating to telecommunications
1091999SCH/Com-ex (99)7 rev 2 of 28 April 1999 on liaison officers

24.

14


1101999SCH/Com-ex (99)8 rev 2 of 28 April 1999 on general principles governing the payment of informers
1111999SCH/Com-ex (99) 11 rev 2 of 28 April 1999 (agreement on cooperation in proceedings for road traffic offences)
Cf. 292000Council Act of 29 May 2000 establishing the Convention on mutual assistance in criminal matters between the Member States of the European UnionIE, IT and EL have not yet ratified.

25.

The provisions of Art. 3, 5, 6, 7, 12 and 23 and, to the extent relevant to


Art. 12, of Art. 15 and 16, to the extent relevant to the Articles referred to,

26.

of Art. 1, constitute measures amending or building upon the Schengen


acquis applicable to the associated countries.

27.

Replaced as from April 2017 by Directive on the European Investigation


Order of 14 March 2014 (OJ L 130, 1.5.14, p.

1), for those measures

28.

covered by the scope of the Directive (all measures except controlled


deliveries – Art; 12 MLA - and JITs - Art. 13 MLA) and for the Member

29.

States which participated in the adoption of the Directive (all except DK


30.

and IE)

1122000Council Decision 2000/586/JHA of 28 September 2000 establishing a procedure for amending Articles 40(4) and (5), 41(7) and 65((2) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders
Cf. 342001Council Act of 16 October 2001 establishing the Protocol to the Convention on mutual assistance in criminal matters between the Member states of the European UnionArticle 8 of the Protocol constitutes a measure amending or based upon the Schengen acquis applicable to the associated countries. Replaced as from April 2017 by Directive on the European Investigation Order of 14 March 2014 (OJ L 130, 1.5.14, p.

1), for those measures covered by the scope of the Directive (all measures except controlled deliveries – Art; 12 MLA - and JITs - Art. 13 MLA) and for the Member States which participated in the adoption of the Directive
1132002Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence

31.

15


1142003Council Decision 2003/169/JHA of 27 February 2003 determining which provisions of the 1995 Convention on simplified extradition procedure between the Member States of the European Union and of the 1996 Convention relating to extradition between the Member States of the European Union constitute developments of the Schengen acquis in accordance with the Agreement concerning the Republic of Iceland's and the Kingdom of Norway's association with the implementation, application and development of the Schengen acquis
1152003Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States
1162003Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders
1172007Commission Decision 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II (third pillar)
1182007Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II)
1192008Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)
1202008Council Decision 2008/149/JAI 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 acquisThis agreement was amended through the conclusion of the Protocol on the accession of Liechtenstein to it (OJ L 160, 18.6.2011, p.

3)
1212008Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the

32.

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prevention, detection and investigation of terrorist offences and of other serious criminal offences
1222008Council 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 mattersWould be repealed by the proposed Directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data (COM(2012)10 final), once adopted. This Decision is also relevant to the non-Schengen acquis.
1232009Commission Decision 2009/724/JHA of 17 September 2009 laying down the date for the completion of migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)

17