Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)
Date: 2001-12-06
Institutions: Council of the European Union
Subjects: European Commission, Schengen Agreement, competence of the institution, information system

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2424/2001

of 6 December 2001

on the development of the second generation Schengen Information System (SIS II)

THE COUNCIL OF THE EUROPEAN UNION,

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

(2)

(3)

(4)

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 Conven-
tion’, constitutes an essential tool for the application of
the provisions of the Schengen acquis as integrated into
the framework of the European Union.

The Schengen Information System in its current form
has the capacity to service no more than 18 partici-
pating States. It is at present operational for 13 Member
States and 2 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.

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), as already acknowledged in
Decision SCH/Com-ex
the Executive
Committee of 7 October 1997 (3).

(97) 24 of

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 2001/886/JHA of 6 December 2001
on the development of the second generation Schengen

(1) OJ C 183, 29.6.2001, p. 12.
(2) Opinion delivered on 23 October 2001 (not yet published in the

Official Journal).

(3) OJ L 239, 22.9.2000, p. 442.

(5)

(6)

(7)

Information System (SIS II) (4), the required legislative
basis to allow for the inclusion in the budget of the
Union of the necessary appropriations for the develop-
ment of SIS II and the execution of that part of the
budget.

The legislative basis consists of two parts: this Regula-
tion based on Article 66 of the Treaty establishing the
European Community and a Council Decision based on
Article 30(1)(a) and (b), Article 31(a) and (b) and Article
34(2)(c) of the Treaty on European Union. The reason
for this is that, as set out in Article 92 of the 1990
Schengen Convention, the Schengen Information System
is to enable the authorities designated by the Member
States, by means of an automated search procedure, to
have access to alerts on persons and property for the
purposes of border checks and other police and customs
checks carried out within the country in accordance
with national law, as well as for the purposes of issuing
visas, residence permits and the administration of legisla-
tion on aliens in the context of the application of the
provisions of the Schengen acquis relating to the move-
ment of persons.

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 does not
the Schengen Information
affect
System constitutes, and should continue to constitute,
one single, integrated, information system and that SIS II
must be developed as such.

the principle that

This Regulation is without prejudice to the adoption in
future of the necessary legislation describing in detail the
operation and use of SIS II, such as, but not limited to,
rules defining the categories of data to be entered into
the system,
the purposes for which they are to be
entered and the criteria for their entry, rules concerning
the content of SIS records, including responsibility for
their correctness, rules on the duration of alerts, inter-
linking of alerts and compatibility between alerts, rules
on access to SIS data and rules on the protection of
personal data and their control.

(4) See page 1 of this Official Journal.

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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 (1).

HAS ADOPTED THIS REGULATION:

Article 1

(8)

(9)

This Regulation constitutes a development of provisions
of
the Schengen acquis which fall within the area
referred to in Article 1, point G 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 (2)
and Article 8(2) of Council Decision 2000/365/EC of 29
May 2000 concerning the request of
the United
Kingdom of Great Britain and Northern Ireland to take
the Schengen
part
acquis (3).

the provisions of

in some of

(10) 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 (4).

(11)

(12)

(13)

In accordance with Article 3 of the Protocol on the
position of the United Kingdom and Ireland annexed to
the Treaty on European Union and the Treaty estab-
lishing the European Community, the United Kingdom
gave notice, by letter of 6 September 2001, of its wish
to take part in the adoption and application of this
Regulation.

This Regulation and the United Kingdom's participation
in its adoption and application are without prejudice to
the arrangements
the United Kingdom's partial
participation in the Schengen acquis defined by the
Council

in Decision 2000/365/EC.

for

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 Euro-
pean Community, Denmark is not taking part in the
adoption of this Regulation and is therefore not bound
by it or subject to its application. Given the fact that this
Regulation builds upon the Schengen acquis under the
provisions of Title IV of Part Three of the Treaty estab-
lishing the European Community, Denmark shall,
in
accordance with Article 5 of the said Protocol decide
within a period of six months after the adoption of this
instrument whether it will implement it in its national
law,

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 176, 10.7.1999, p. 31.
(3) OJ L 131, 1.6.2000, p. 43.
(4) OJ L 176, 10.7.1999, p. 53.

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.

Article 2

The SIS II, which shall be a single integrated system, shall be
developed by the Commission, in accordance with the proced-
ures set out in this Regulation.

Article 3

The measures necessary for the development of SIS II shall be
adopted in accordance with the management procedure
referred to in Article 5(2) where they concern matters other
than those listed in Article 4.

Article 4

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 5(3):

(a) the design of

the physical architecture of

the system,

including its communication network;

(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 or which have serious
technical
the
Member States;

implications for the national systems of

(d) the development of security requirements.

Article 5

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

The respective committees shall adopt

4.
procedure.

their rules of

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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 and the European Parliament
concerning the development of SIS II.

Article 6

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.

Article 7

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

Done at Brussels, 6 December 2001.

For the Council

The President

M. VERWILGHEN