Initiative of the Kingdom of Spain with a view to adopting the Council Regulation (EC) No …/2002 concerning the introduction of some new functions for the Schengen information system, in particular in the fight against terrorism
Date: 2002-07-04
Institutions: Spain
Subjects: Spain, access to information, data processing, exchange of information, judicial cooperation, terrorism

4.7.2002

EN

Official Journal of the European Communities

C 160/5

II

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

Initiative of the Kingdom of Spain with a view to adopting the Council Regulation (EC) No
. . ./2002 concerning the introduction of some new functions for the Schengen information
system, in particular in the fight against terrorism

(2002/C 160/06)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 62, 63 and 66 thereof,

Having regard to the initiative of the Kingdom of Spain (1),

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

Whereas:

of 1990 implementing

(1) The Schengen information system, hereinafter referred to
as ‘SIS’, set up pursuant to the provisions of Title IV of the
Convention
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.

the

(2) The need to develop a new, second generation Schengen
information system, hereinafter referred to as ‘SIS II’, with
a view to the enlargement of the European Union and
allowing for the introduction of new functions, while
benefiting from the latest developments in the field of
information technology, has been recognised and the
first steps have been taken to develop this new system.

(3) Certain adaptations of certain provisions and the intro-
duction of certain new functions can already be realised
with respect to the current version of the SIS, in particular

(1) OJ C . . .
(2) Opinion delivered on . . . (not yet published in the Official Journal).

as far as concerns the provision of access to certain types
of data entered in the SIS for authorities the proper
performance of whose tasks would be facilitated were
they able to search these data,
including Europol and
the national members of Eurojust, the extension of the
categories of missing objects about which alerts may be
entered and the recording of transmissions of personal
data.

(4) The conclusions of the Laeken European Council of 14
and 15 December 2001 and in particular conclusions 17
(cooperation
counter-terrorism
services), 43 (Eurojust and police cooperation with
regard to Europol) and the action plan of 21 September
2001 against terrorism refer to the need to enhance the
SIS and improve its capabilities.

specialised

between

(5) Moreover, it is useful to enact provisions with respect to
Sirene
the
the national

of
and
the
(‘supplementary information requests at
entry’) offices in the Member States.

functioning

existence

(6) The modifications to be made to this effect

the 1990 Schengen Convention,
the Schengen information system is

to the
the Schengen acquis dealing with the
provisions of
Schengen information system consist of two parts: this
Regulation and a Council Decision based on Articles
30(1)(a) and (b), 31(a) and (b) and 34(2)(c) of the Treaty
on European Union. The reason for this is that, as set out
the
in Article 93 of
to
purpose of
maintain public policy and public security,
including
national security, in the territories of the Member States
and to apply the provisions of
the said Convention
relating to the movement of persons in those territories,
by using information communicated via the SIS in
that Convention.
accordance with the provisions of
Since some of
the 1990 Schengen
Convention are to be applied for both purposes at the
same time, it is appropriate to modify such provisions in
identical terms through parallel acts based on each of the
Treaties. This concerns in particular modifications of the
provisions of Articles 101(1), 103 and 108 of the 1990
Schengen Convention.

the provisions of

C 160/6

EN

Official Journal of the European Communities

4.7.2002

(7) This Regulation is without prejudice to the adoption in
future of the necessary legislation describing in detail the
legal architecture, objectives, operation and use of SIS II,
such as, but not limited to, rules further defining the
the
categories of data to be entered into the system,
purposes for which they are to be entered and the
criteria for their entry, rules concerning the content of
SIS records,
the interlinking of alerts, compatibility
between alerts and further rules on access to SIS data
and the protection of personal data and their control.

HAS ADOPTED THIS REGULATION:

Article 1

The provisions of the 1990 Schengen Convention shall be
amended as follows:

1. the following shall be added at the end of Article 101(1)(b):

(8) As

Iceland

regards

and Norway,

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 (1).

taking part

(9) In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union and to the Treaty establishing the
European Community, Denmark is not
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 establishing the European Community, Denmark
shall, in accordance with Article 5 of the said Protocol,
decide within a period of six months after the Council has
adopted this Regulation whether it will implement it in its
national law.

take part,

(10) This Regulation constitutes a development of provisions
of the Schengen acquis in which the United Kingdom does
not
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 (2); the United Kingdom is therefore not
taking part in its adoption and is not bound by it or
subject to its application.

(11) This Regulation constitutes

take part,

a development of

the
provisions of the Schengen acquis in which Ireland does
in accordance with Council Decision
not
2002/192/EC of 28 February 2002 concerning Ireland's
request to take part in some of the provisions of the
Schengen acquis (3);
Ireland is therefore not taking part
in its adoption and is not bound by it or subject to its
application,

(1) OJ L 176, 10.7.1999, p. 31.
(2) OJ L 131, 1.6.2000, p. 43.
(3) OJ L 64, 7.3.2002, p. 20.

‘and the judicial supervision thereof’;

2. Article 101(2) shall be replaced by the following:

for

issuing

‘2.
In addition, access to data entered in accordance with
Article 96 and data concerning identity documents entered
in accordance with Article 100(3)(d) and (e) and the right to
search such data directly may be exercised by the authorities
authorities
visas,
responsible
responsible for examining visa applications and the auth-
orities responsible for issuing residence permits and for the
administration of legislation on aliens in the context of the
application of the provisions of this Convention relating to
the movement of persons. Access to data by these auth-
orities shall be governed by the national
law of each
Member State.’;

central

the

3. the following words shall be added to the second sentence

of Article 102(4):

‘and data concerning identity documents entered under
Article 100(3)(d) and (e) may also be used for
those
purposes.’;

4. Article 103 shall be replaced by the following:

‘Article 103

Each Member State shall ensure that every transmission of
personal data is recorded in the national section of the
Schengen information system by the data file management
authority for the purpose of checking whether the search is
admissible or not. The record may be used only for this
purpose and shall be deleted at the latest one year after it
has been recorded.’;

4.7.2002

EN

Official Journal of the European Communities

C 160/7

5. the following paragraph shall be added to Article 108:

concerning the person concerned have been deleted from
the Schengen information system.’

that purpose

(known as Sirene),

‘5. Member States shall exchange through the authorities
designated for
all
information necessary in connection with the entry of
alerts and for allowing the appropriate action to be taken
in cases where persons in respect of whom, and objects in
respect of which, data have been entered in the Schengen
information system, are found as a result of searches made
in the system.’;

6. the following paragraph shall be added to Article 113:

Personal data held in files by the authorities referred
‘3.
to in Article 108(5) as a result of information exchange
pursuant to that paragraph, shall be kept only for such
time as may be required to achieve the purposes for
which they were supplied. They shall
in any event be
the latest one year after the alert or alerts
deleted at

Article 2

This Regulation shall enter into force 90 days after the date of
publication in the Official Journal of the European Communities.

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

. . .

Initiative of the Kingdom of Spain with a view to adopting the Council Decision 2002/. . ./JHA
concerning the introduction of some new functions for the Schengen information system, in
particular in the fight against terrorism

(2002/C 160/07)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 30(1)(a) and (b), Article 31(a) and (b) and
Article 34(2)(c) thereof,

Having regard to the initiative of the Kingdom of Spain (1),

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

(3) Certain adaptations of existing provisions and the intro-
duction of certain new functions can already be realised
with respect to the current version of the SIS, in particular
as far as concerns the provision of access to certain types
of data entered in the SIS for authorities the proper
performance of whose tasks would be facilitated were
they able to search these data,
including Europol and
the national members of Eurojust, the extension of the
categories of missing objects about which alerts may be
entered and the recording of transmissions of personal
data.

Whereas:

of 1990 implementing

(1) The Schengen information system, hereinafter referred to
as ‘SIS’, set up pursuant to the provisions of Title IV of the
Schengen
Convention
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.

the

(4) The conclusions of the Laeken European Council of 14
and 15 December 2001 and in particular conclusions 17
(cooperation
counter-terrorism
services), 43 (Eurojust and police cooperation with
regard to Europol) and the action plan of 21 September
2001 against terrorism refer to the need to enhance the
SIS and improve its capabilities.

specialised

between

(5) Moreover, it is useful to enact provisions with respect to
Sirene
the
the national

of
and
the
(‘supplementary information requests at
entry’) offices in the Member States.

functioning

existence

(2) The need to develop a new, second generation Schengen
information system, hereinafter referred to as ‘SIS II’, with
a view to the enlargement of the European Union and
allowing for the introduction of new functions, while
benefiting from the latest developments in the field of
information technology, has been recognised and the
first steps have been taken to develop this new system.

(1) OJ C . . .
(2) Opinion delivered on . . . (not yet published in the Official Journal).

(6) The modifications to be made to this effect

to the
provisions of
the Schengen acquis dealing with the
Schengen information system consist of two parts: this
Decision and a Council Regulation based on Articles 62,
the Treaty establishing the European
63 and 66 of
Community. The reason for this is that, as set out in
the
Article 93 of
to
purpose of
maintain public policy and public security,
including
national security, in the territories of the Member States

the 1990 Schengen Convention,
the Schengen information system is