(4)In accordance with Articles 1 and 2 of the former Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark did not take part in the adoption of Regulation (EC) No 378/2004 and is not bound by it nor subject to its application. However, given that Regulation (EC) No 378/2004 built upon the Schengen acquis under the provisions of Title IV of Part Three of the former Treaty establishing the European Community, Denmark, in accordance with Article 5 of the said Protocol, decided to implement this acquis in its national law. Denmark took part in the adoption of Decision 2004/201/JHA. It is therefore bound to implement this Decision.