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
Date: 2002-07-04
Institutions: Spain
Subjects: Europol, Spain, access to information, data recording, dissemination of EU information, exchange of information, terrorism

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

C 160/8

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Official Journal of the European Communities

4.7.2002

the said Convention
and to apply the provisions of
relating to the movement of persons in those territories,
by using information communicated via the SIS in
that Convention.
accordance with the provisions of
the 1990 Schengen
Since some of
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

(7) This Decision 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 categories of data to be entered into the system, the
purposes for which they are to be entered and the criteria
for
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.

their entry,

the Schengen acquis as defined in Decision 2000/365/EC
and in Decision 2002/192/EC respectively,

HAS DECIDED AS FOLLOWS:

Article 1

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

1. The following points shall be added to Article 94(3):

‘(k)

in cases of alerts under Article 95:
offence(s);

the type of

(l) in cases of alerts under Article 95 and 99: whether the
person concerned absconded from a place of detention.’

2. Article 99(1) shall read as follows:

(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).

(9) The United Kingdom is taking part in this Decision, in
accordance with Article 5 of the Protocol integrating the
Schengen acquis
the European
into the framework of
Union annexed to the Treaty on European Union and
to the Treaty establishing the European Community, 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 part in some of
the provisions of the Schengen acquis (2).

(10) Ireland is taking part in this Decision in accordance with
Article 5 of the Protocol integrating the Schengen acquis
into the framework of the European Union annexed to
the Treaty on European Union and to the Treaty estab-
lishing the European Community, and Article 6(2) of
Council Decision 2002/192/EC of 28 February 2002
concerning Ireland's request to take part in some of the
provisions of the Schengen acquis (3).

shall be

Data on persons or vehicles,

ships, aircraft and
‘1.
containers
entered in accordance with the
national law of the Member State issuing the alert, for the
purposes of discreet surveillance or of specific checks in
accordance with paragraph 5.’

3. The last sentence of Article 99(3) shall read as follows:

‘The Member State issuing the alert pursuant
to this
paragraph shall be obliged duly to inform the other
Member States thereof.’

4. Article 100(3) shall read as follows:

‘3.

The following categories of objects shall be entered:

(a) motor vehicles with a cylinder capacity exceeding
50 cc, registered ships and aircraft which have been
stolen, misappropriated or lost;

(b) trailers with an unladen weight exceeding 750 kg,
caravans and containers which have been stolen, misap-
propriated or lost;

(c)

firearms which have been stolen, misappropriated or
lost;

(d) blank official documents which have been stolen, misap-

propriated or lost;

(11) This Decision is without prejudice to the arrangements for
the United Kingdom and Ireland's partial participation in

(e)

(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.

identity documents,
vehicle

issued official
travel documents,
certificates,
residence
vehicle number plates which have been stolen, misap-
propriated, lost or invalidated;

registration

permits,

(f) banknotes (registered notes);

4.7.2002

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Official Journal of the European Communities

C 160/9

(g) credit documents such as cheques, credit cards, bonds,
stocks and shares which have been stolen, misappro-
priated or lost.’

They shall have this right only for the purpose of

2.
performing their tasks as national members of Eurojust.

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

‘and the judicial supervision thereof’.

6. The following Articles shall be inserted:

‘Article 101A

They shall exercise this right via a connection with the
3.
authority, referred to in Article 108(1), responsible for the
national section of
the Schengen information system of
their Member State and shall be subject to the laws of
that Member State on the protection of personal data and
liability for any illicit processing or use of such data.

Rights conferred by this Article on national members

4.
of Eurojust shall not extend to Eurojust staff.’

1.
The European Police Office (Europol) shall have the
right to have access to, and search, data entered into the
Schengen information system in accordance with Articles
95, 99 and 100.

7. Article 103 shall read as follows:

‘Article 103

Europol may search only data which it requires for the

2.
performance of its tasks.

3.

The Council shall ensure that Europol is committed:

(a) to record every search made by it and to register every

use made by it of data to which it has acceded;

(b) not to connect the parts of the Schengen information
system to which it has access to any computer system
for data collection and processing in operation by or at
Europol or to download any parts of the system;

(c) to limit the access to data entered into the Schengen
information system to specifically authorised staff of
Europol;

(d) not to transfer any data to which Europol has access to
any third State or third body without the express prior
authorisation of the Member State which has entered
such data into the system;

(e) to adopt measures as envisaged in Article 118;

(f)

to allow the Joint Supervisory Body, set up under Article
24 of the Europol Convention, to review the activities of
Europol in the exercise of its right to accede to and to
search data entered into the Schengen information
system.

Article 101B

1.
The national members of Eurojust shall have the right
to have access to, and search, data entered in accordance
with Articles 95 and 98 into the Schengen information
system.

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.’

8. The following paragraph shall be added to Article 108:

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.’

9. Article 113 shall be amended as follows:

— the following sentence shall be added to paragraph 1:

‘Data on containers, registered ships and aircraft shall
also be kept for a maximum of three years.’

— the following paragraph shall be added:

‘3.
Personal data held in files by the authorities
referred 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 deleted at the latest one year after the alert
or alerts concerning the person concerned have been
deleted from the Schengen information system.’

C 160/10

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Official Journal of the European Communities

4.7.2002

Article 2

— Article 1(6), new Article 101A,

This Decision shall enter into force 90 days after the date

1.
of publication in the Official Journal.

However, Article 1(1),

(4) and (6) shall be imple-
(2),
2.
mented from a date to be fixed by the Council, acting unani-
mously, after having verified that the necessary preconditions
for its application have been fulfilled in the Member States.

The Council may decide to fix different dates with respect of
the implementation of:

— Article 1(1), (2) and (4),

— Article 1(6), new Article 101B.

Any decision of

3.
paragraph 2 shall be published in the Official Journal.

the Council

in accordance with

Done at . . .

For the Council

The President

. . .