Initiative of the Kingdom of Belgium and of the Kingdom of Sweden with a view to the adoption of a Council Regulation on the development of the second generation Schengen information system (SIS II)

(2001/C 183/07)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 66 and Article 67 thereof,

Having regard to the initiative of the Kingdom of Belgium and the Kingdom of Sweden(1),

Having regard to the Opinion of the European Parliament(2),

Whereas:

(1) The Schengen information system, set up pursuant to the provisions of Title IV of the Convention of 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, hereinafter referred to as "the 1990 Schengen Convention", constitutes an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union.

(2) The Schengen information system in its current form has the capacity to service no more than 18 participating States. It is at present operational for 13 Member States and two other States (Iceland and Norway) and is intended to become operational for the United Kingdom and Ireland in the foreseeable future. It has, however, not been constructed so as to service the increased number of Member States of the European Union after its enlargement.

(3) For this reason, and in order to benefit from the latest developments in the field of information technology and to allow for the introduction of new functions, it is necessary to develop a new, second generation Schengen information system (SIS II).

(4) The expenditure involved in the development of SIS II is to be charged to the budget of the European Union in accordance with the Council conclusions to that effect of 29 May 2001. This Regulation constitutes, together with Council Decision ... of ... on the development of the second generation Schengen information system (SIS II)(3), the required legislative basis to allow for the inclusion in the budget of the Union of the necessary appropriations for the development of SIS II and the execution of that part of the budget.

(5) The legislative basis consists of two parts: this Regulation based on Articles 66 and 67 of the Treaty establishing the European Community and a Council Decision based on Articles 30(1), 31 and 34 of the Treaty on European Union. The reason for this is that the Schengen information system serves several objectives, one of which falls within the scope of Title IV of Part Three of the Treaty establishing the European Community and others which fall within the scope of Title VI of the Treaty on European Union.

(6) The fact that the legislative basis required for allowing the development of SIS II to be financed by the Union budget consists of two separate instruments should not affect the principle that the Schengen information system constitutes, and should continue to constitute, one single, integrated, information system and that SIS II should be developed as such.

(7) This Regulation is without prejudice to the adoption in future of the necessary legislation describing in detail the operation and use of SIS II. It is necessary for such legislation to be in place before the system becomes operational, but it can only be adequately prepared once the technical development of SIS II has advanced sufficiently.

(8) The necessary rules describing the specific purposes of the data to be entered in SIS II in order to serve the objectives set out in this Regulation, the nature of the data to be entered and the entitlement to access to these data should be adopted in accordance with the provisions of Article 67 of the Treaty establishing the European Community.

(9) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(4).

(10) This Regulation constitutes a development of the Schengen acquis and is covered by the terms of Article 1 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(5).

(11) Consequently, an arrangement has to be made to allow representatives of Iceland and Norway to be associated with the work of committees assisting the Commission in the exercise of its implementing powers. Such an arrangement has been contemplated in the exchange of letters between the Community and Iceland and Norway, annexed to the abovementioned Association Agreement(6).

(12) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not participating in the adoption of this Regulation and is not bound by it or subject to its application. Given the fact that this Regulation is an act which aims to build upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Article 5 of the abovementioned protocol applies,

HAS ADOPTED THIS REGULATION:

Article 1

In order to ensure the realisation of the objectives of the Community with regard to the free movement of persons in the absence of controls when crossing internal borders and the exercise of controls at external borders over the entry of third country nationals into the Community, it is necessary for the Member States to have in place a joint information system enabling the authorities designated by them to have access, by means of an automated search procedure, to alerts on third country nationals for the purpose of checks to be carried out at external borders and elsewhere within their territory, and for the purpose of examining visa applications and applications for residence permits.

Article 2

The current information system serving, among other matters, the purposes set out in Article 1, the Schengen information system set up pursuant to the provisions of Title IV of the 1990 Schengen Convention, shall be replaced by a new system, the Schengen information system II (SIS II), which shall allow for new Member States to be integrated into the system and for certain new functions to be carried out and which shall take account of developments in information technology.

Article 3

The SIS II, which shall be a single integrated system, serving both the objectives set out in Article 1 of this Regulation and those set out in Article 1 of Council Decision ..., shall be developed by the Commission, in accordance with the procedures set out in Article 6(2) and (3) of this Regulation.

Article 4

The measures necessary for the development of SIS II shall be adopted in accordance with the management procedure referred to in Article 6(2) where they concern matters other than those listed in Article 5.

Article 5

The measures necessary for the development of SIS II concerning the following matters shall be taken in accordance with the regulatory procedure referred to in Article 6(3):

(a) the architecture of the system;

(b) technical aspects which have a bearing on the protection of personal data;

(c) technical aspects which have serious financial implications for the budgets of the Member States.

Article 6

1. The Commission shall be assisted by a management or regulatory committee respectively.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.

3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.

4. The respective committees shall adopt their rules of procedure.

Article 7

The Commission shall submit by the end of every six month period, and for the first time by the end of the second six month period of 2002, a progress report to the Council concerning the development of SIS II.

Article 8

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.

It shall expire on 31 December 2006.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.

Done at ...

For the Council

The President

...

(1) OJ C ...

(2) OJ C ...

(3) See also in this Official Journal.

(4) OJ L 184, 17.7.1999, p. 23.

(5) OJ L 176, 10.7.1999, p. 31.

(6) OJ L 176, 10.7.1999, p. 53.