Select Committee on European Communities 31st Report



1996 DECISIONS
SCH/Com-ex(96) 2 rev 1
Subject:Provision for written procedure to approve urgent decisions
Legal base:Convention Article 132
SCH/Com-ex(96) 3
Subject:Grant of observer status to Denmark, Finland and Sweden
Legal base:Convention Article 132 & 140
SCH/Com-ex(96) 4
Subject:Invitation to Iceland and Norway to attend as observers from 1 May 1996 all Schengen meetings with a view to concluding a Cooperation Agreement
Legal base:Convention Article 140
SCH/Com-ex(96) 5
Subject:Apportionment of costs for the SIS Management Unit to the end of 1997
Legal base:Convention Article 132 and Executive Committee Decision of 20 December 1995 (SCH/Com-ex(95) 26)
SCH/Com-ex(96) 6 rev 1
Subject:Proposal to submit the question of the distribution key for SIS Management Unit Costs for 1996 and 1997 to an independent arbitration committee
Legal base:Convention Article 132 and Executive Committee Decision of 20 December 1995 (SCH/Com-ex(95) 26)
SCH/Com-ex(96) 10 rev
Subject:Provision for information on possible problems encountered at external borders to be collected by visiting committees (in German)
Legal base:Convention Articles 132 & 7
SCH/Com-ex(96) 11
Subject:Additional text to be inserted in the Decision implementing Title II, Chapter 7 of the Convention on responsibility for processing asylum claims (SCH/Com-ex(94) 11)
Legal base:Convention Articles 132 & 28-38
  [The draft Decision allocating a legal base to this decision refers to a corrected version].
SCH/Com-ex(96) 12
Subject:Division of the cost of the SIS Management Unit according to the key proposed by the arbitration committee
Legal base:Convention Article 132 and Decision SCH/Com-ex(95) 6 establishing a SIS Management Unit for the SIS under the supervision of the Permanent Working Party
SCH/Com-ex(96) 13 rev
Subject:Principles for issuing Schengen visas in third States where not all Schengen States are represented
Legal base:Convention Articles 132, 9, 17 & 30
SCH/Com-ex(96) 14 rev
Subject:Amendments to Annexes to the Common Visa Instructions and Common Manual
Legal base:Convention Article 132
[No text of amended Annexes].
SCH/Com-ex(96) 15 rev 2
Subject:Amendments to the 14 December 1993 Executive Committee Decision on Administrative and Financial Arrangements
Legal base:Convention Article 132
SCH/Com-ex(96) 16 rev 2 corr
Subject:Budget for administering the Schengen Agreement and Convention and for the Joint Supervisory Authority for 1997, with each Party's share
Legal base:Convention Article 132, the Administrative and Financial Arrangement of 27 June 1996 and the decision of the Central Group of 18 July 1996 (SCH/C(96) 4)
SCH/Com-ex(96) 19 rev 2
Subject:Presidency to be held by Austria from July-December 1997
Legal base:Convention Article 132, Rules of Procedure of 14 December 1993 (SCH/Com-ex(93) 1, rev 2) and Executive Committee Decision (SCH/Com-ex(95) 14)
SCH/Com-ex(96) 24
Subject:Amendments to Annexes to the Common Consular Instructions and Common Manual
Legal base:Convention Articles 132, 9 & 17
SCH/Com-ex(96) 25
Subject:Addition to the Decision implementing Title II Chapter 7 of the Convention (SCH/Com-ex(94) 11) on responsibility for processing asylum applications
Legal base:Convention Articles 132, 28-38
SCH/Com-ex(96) 26 rev 2
Subject:Amendments to 1997 budget
Legal base:Convention Article 132, the Administrative and Financial Regulation of 27 June 1996 and the Central Group Decision of 9 December 1996 (SCH/C(96) 94 rev 2)
SCH/Com-ex(96) 27
Subject:Issue of visas at borders to seamen in transit
Legal base:Convention Articles 132, 134, 17(3)(c) & (d)
[No text of the Annexes].
SCH/Com-ex(96) 28
Subject:Administrative matters
Legal base:Article 10 of the Rules of Procedure of the Executive Committee
1996 DECLARATIONS
SCH/Com-ex(96) decl 1
Subject:Strengthening cooperation to combat terrorism (in German)
SCH/Com-ex(96) decl 2 rev
Subject:Measures to improve cooperation to combat drug tourism and illegal drug flows (in German)
SCH/Com-ex(96) decl 3
Subject:Work programme with measures to combat the illegal trade in and misuse of narcotics (in German)
SCH/Com-ex(96) decl 4 rev
Subject:Progress report on the harmonisation of fees for the uniform visa (in German)
SCH/Com-ex(96) decl 5 corr
Subject:Declaration on the application of Article 96 of the Convention and definition of the term "alien" (in French and German)
Legal base:Convention Articles 134 and 96
  [This provides that data on persons enjoying the protection of EC law should not, in general, be entered into the list of aliens to be refused entry held in the Schengen Information System. The following may be included in the SIS list: (a) family members of EU citizens who are nationals of a third country and who derive their right to enter and reside in an EU Member State from secondary EC legislation, and (b) nationals from Iceland, Liechtenstein or Norway and their family members whose entry and residence is governed by provisions of EC law. EU nationals may only be included in the SIS list if this is compatible with EC law. A Commission statement included in the minutes of the Executive Committee agreeing the Declaration asserts that inclusion in the SIS list will only be compatible with EC law if the data concerns a person who presents an actual, genuine and serious threat to public policy and public security in each Schengen State].
SCH/Com-ex(96) decl 6 rev 2
Subject:Declaration on Extradition
  [This emphasises the need for greater cooperation to safeguard freedom and security within the Schengen area, specifically by requiring Schengen States to implement domestic provisions ensuring that when decisions to suspend extradition remands are taken, other appropriate measures are in place to prevent the person wanted for extradition from avoiding extradition].
SCH/Com-ex(96) decl 7 rev 1
Subject:Policy on transfers and readmissions between Schengen States
Legal base:Convention Article 132 and Bonn Protocol of 26 April 1994 on the consequences of the entry into force of the Dublin Convention for certain provisions of the Schengen Convention
  [This concerns recommendations for the expulsion and readmission of persons under Article 23 of the Convention. The Declaration provides that the provisions in Title II, Chapter 7 of the Schengen Convention on the State responsible for processing asylum applications will apply in respect of claims lodged before the entry into force of the Dublin Convention. There is, in addition, a Note by the Dutch Presidency setting out guidelines for the application of Article 23 of the Convention. This provides either that aliens who do not fulfil, or no longer fulfil, the conditions for short-term stays within any one Schengen State may be expelled from Schengen territory or that they may be transferred to another Schengen State if there is a bilateral readmission agreement. The Note recommends that it is preferable for such aliens to be expelled to their country of origin whenever possible and, in all cases, to countries outside the Schengen territory. The Schengen States will coordinate measures towards third countries to ensure that the latter readmit their own nationals. They may use information from the EU (CIREFI) to seek ways of overcoming practical difficulties in expelling aliens to their countries of origin, such as obtaining replacement travel documents. The possibility of joint expulsion operations is also mentioned].


 
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