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)
Date: 2001-06-29
Institutions: Belgium, Sweden
Subjects: Schengen Agreement, access to information, foreign national, information system

C 183/12

EN

Official Journal of the European Communities

29.6.2001

II

(Preparatory Acts pursuant to Title VI of the Treaty on European Union)

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 (cid:145)the 1990 Schengen Convention(cid:146),
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
the United Kingdom and
to become operational
Ireland in the foreseeable future.
It has, however, not
been constructed so as to service the increased number
its
of Member States of
enlargement.

the European Union after

for

(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,
is
necessary to develop a new, second generation Schengen
information system (SIS II).

it

the required legislative basis

second generation Schengen information system (SIS
II) (3),
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.

to allow for

(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
the Treaty on European
Articles 30(1), 31 and 34 of
Union. The
the Schengen
is
this
several objectives, one of
information system serves
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.

reason for

that

(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
system
Schengen
constitutes,
to constitute, one
single,
information system and that SIS II
should be developed as such.

and should continue

information

integrated,

that

the

(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 legis-
lation to be in place before the system becomes oper-
ational, 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.

(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

(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).

(1) OJ C . . .
(2) OJ C . . .

(3) See also in this Official Journal.
(4) OJ L 184, 17.7.1999, p. 23.

29.6.2001

EN

Official Journal of the European Communities

C 183/13

(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 (1).

(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,
Association
to
annexed
Agreement (2).

abovementioned

the

and

the Treaty

(12) In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union
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 Regu-
lation 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,

establishing

HAS ADOPTED THIS REGULATION:

Article 1

the objectives of

In order to ensure the realisation 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
the purpose of checks to be
third country nationals for
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 Schengen information system II

shall be replaced by a new
1990 Schengen Convention,
system,
(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 tech-
nology.

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

The Commission shall be assisted by a management or

1.
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 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

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

(1) OJ L 176, 10.7.1999, p. 31.
(2) OJ L 176, 10.7.1999, p. 53.

The respective committees shall adopt

4.
procedure.

their

rules of

C 183/14

EN

Official Journal of the European Communities

29.6.2001

Article 7

It shall expire on 31 December 2006.

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.

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

Article 8

Done at . . .

This Regulation shall enter into force on the day following that
of
the European
Communities.

its publication in the Official

Journal of

For the Council

The President

. . .

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

(2001/C 183/08)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 30(1), Article 31 and Article 34(2)(c) 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 (cid:145)the 1990 Schengen Convention(cid:146),
for the application of the
constitutes an essential tool
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
the United Kingdom and
to become operational
It has, however, not
Ireland in the foreseeable future.
been constructed so as to service the increased number
of Member States of
its
enlargement.

the European Union after

for

(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,
is
necessary to develop a new, second generation Schengen
information system (SIS II).

it

(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 Decision constitutes, together with
Council Regulation (EC) No . . ./2001 of . . . on the devel-
opment 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 Decision
the Treaty on
based on Articles 30(1), 31 and 34 of
European Union and a Council Regulation based on
the Treaty establishing the
Articles 66 and 67 of
European Community. 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
system
Schengen
to constitute, one
constitutes,
single,
information system and that SIS II
should be developed as such.

and should continue

information

integrated,

that

the

(1) OJ C . . .
(2) OJ C . . .

(3) See also in this Official Journal.