COMMISSION DECISION
of 16 March 2007
laying down the network requirements for the Schengen Information System II (1st pillar)
(notified under document number C(2007) 845)
(Only the Bulgarian, Czech, Dutch, German, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, and Swedish text is authentic)
(2007/170/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation of the Schengen Information System (SIS II) (1) and in particular Article 4(a) thereof,
Whereas:
(1)
In order to develop SIS II it is necessary to set out technical specifications concerning the communication network, its components, and the specific network requirements.
(2)
Appropriate arrangements, in particular as regards the elements of the uniform national interface located in Member States, should be put in place between the Commission and the Member States.
(3)
This decision is without prejudice to the adoption in future of other Commission's Decisions related to the development of SIS II, in particular on the development of the security requirements.
(4)
Both Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA (2) govern the development of the SIS II. In order to ensure that there will be one single implementing process for the development of SIS II as a whole, the provisions of this Decision should mirror the provisions of the Commission's Decision laying down the network requirements for SIS II to be taken in application of Decision 2001/886/JHA.
(5)
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 (3), the United Kingdom has not taken part in the adoption of Regulation (EC) No 2424/2001 and is not bound by it or subject to its application as it constitutes a development of provisions of the Schengen acquis. The United Kingdom is therefore not an addressee of this Commission decision.
(6)
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 (4), Ireland has not taken part in the adoption of Regulation (EC) No 2424/2001 and is not bound by it or subject to its application as it constitutes a development of provisions of the Schengen acquis. Ireland is therefore not an addressee of this Commission decision.
(7)
Pursuant to Article 5 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark has decided to implement Council Regulation (EC) No 2424/2001 in Danish law. Regulation (EC) No 2424/2001 is thus binding upon Denmark in international law.
(8)
As regards Iceland and Norway, Regulation (EC) No 2424/2001 and Decision 2001/886/JHA constitute 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 (5), which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application 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 (6).
(9)
As regards Switzerland, Regulation (EC) No 2424/2001 and Decision 2001/886/JHA constitute a development of the provisions of the Schengen acquis within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation on the latter’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 4(1) of the Council decision on the signing, on behalf of the European Community, and on the provisional application of certain provisions of this Agreement.
(10)
This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(1) of the Act of Accession.
(11)
The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 6(1) of Regulation (EC) No 2424/2001,
HAS ADOPTED THIS DECISION:
Article 1
The technical specifications related to the design of the physical architecture of the communication infrastructure of the SIS II shall be as set out in the Annex.
Article 2
This Decision is addressed to the Kingdom of Belgium, the Republic of Bulgaria, Romania, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden.
Done at Brussels, 16 March 2007.