1999/438/EC: Council Decision of 20 May 1999 concerning the Joint Supervisory Authority set up under Article 115 of the Convention applying the Schengen Agreement of 14 June 1985, on the gradual abolition of checks at common borders, signed on 19 June 1990
Date: 1999-05-20
Institutions: Council of the European Union
Subjects: EU control, Schengen Agreement, border control, customs inspection, supervisory power

L 176/34

EN

Official Journal of the European Communities

10.7.1999

COUNCIL DECISION

of 20 May 1999

concerning the Joint Supervisory Authority set up under Article 115 of the Convention applying
the Schengen Agreement of 14 June 1985, on the gradual abolition of checks at common borders,
signed on 19 June 1990

THE COUNCIL OF THE EUROPEAN UNION,

DECIDES:

(1999/438/EC)

Having regard to the Protocol integrating the Schengen Acquis
into the framework of the European Union, and in particular
Article 2 thereof,

(1) Whereas under Article 115 of the Convention applying the
Schengen Agreement of 14 June 1985, on the gradual
abolition of checks at common borders, signed on 19
June 1990, a Joint Supervisory Authority has been set up,
with responsibility for supervising the technical support
function of the Schengen Information System ((cid:145)SIS(cid:146)) and
for examining other matters concerning the application of
the provisions relating to the SIS and the protection of
personal data;

(2) Whereas this is an independent authority which cannot be
assimilated to a committee or a working party of
the
Council within the meaning of Article 19 of the Council’s
Rules of Procedure;

(3) Whereas the Joint Supervisory Authority has drawn up its
own Rules or Procedure of 2 February 1996, last amended
on 27 April 1998, to which it should make consequential
amendments further to the integration of
the Schengen
Acquis into the framework of the European Union;

(4) Whereas the Rules of Procedure of the Joint Supervisory
Authority should also be considered as forming part of the
Schengen Acquis in the widest sense, whose continued
operation within the framework of the European Union
should be preserved from the logistical and financial
points of view;

(5) Considering that this is a decision designed to ensure the
smooth functioning of the Joint Supervisory Authority in
the Treaty of
the entry into force of
the course of
Amsterdam;

(6) Taking account of the particularly special status of the Joint

Supervisory Authority;

(7) Having given an opportunity to the Joint Supervisory

Authority to express its views,

1. The General Secretariat of

the European
Union shall provide the facilities for meetings of the Joint
Supervisory Authority and shall assist them in the same way
as it assists the working parties of the Council.

the Council of

2. The General Secretariat of the Council shall act as Secre-
tariat for the Joint Supervisory Authority. The Secretariat
shall put
the
itself at
Joint Supervisory Authority.

the Chairman of

the disposal of

3. The Chairmanship of the Joint Supervisory Authority shall
set, subject to prior agreement of the Presidency of the
Council, the dates for the meetings of the Joint Supervisory
Authority to be convened in the premises of the Council in
Brussels.

4. Travelling expenses

in Brussels and the
for meetings
carrying out of controls at the C.SIS shall be charged to
the Council and shall be dealt with in
the budget of
accordance with the Decision of the Secretary-General of
the Council of 21 May 1997.

5. The persons to be reimbursed travelling expenses shall be:

(cid:151) with regard to each Member State referred to in Article
1 of the Protocol integrating the Schengen Acquis into
the framework of the European Union, as well as every
other Member State taking part in the provisions of this
Acquis relating to the SIS, in respect of meetings of the
Joint Supervisory Authority: two representatives of the
national authority, as referred to in Article 2(1) of the
Rules of Procedure of the Joint Supervisory Authority,

(cid:151) the experts referred in Article 2(5) of

the Rules of

Procedure of the Joint Supervisory Authority.

6. The expenses covered by this Decision shall be imputed to
post 2501 of Section II (Council) of the general budget.

Done at Brussels, 20 May 1999.

For the Council

The President

E. BULMAHN