Council Decision 2006/1007/JHA of 21 December 2006 amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II)
Date: 2006-12-21
Institutions: Council of the European Union
Subjects: European Commission, Schengen Agreement, Schengen Information System, competence of the institution

L 411/78 

EN 

Official Journal of the European Union 

30.12.2006 

(Acts adopted under Title VI of the Treaty on European Union) 

Council Decision 2006/1007/JHA 

of 21 December 2006 

amending Decision 2001/886/JHA on the development of the 

second generation Schengen Information System (SIS II) 

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(1)(a) and (b) and Article 34(2)(c) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the Opinion of the European Parliament1, 

Whereas: 

(1) 

Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the 
second generation Schengen Information System (SIS II)2 and Council Decision 
2001/886/JHA3 constitute the required legislative basis to allow for the inclusion in the 

budget of the European Union of the necessary financial appropriations for the 

development of SIS II and the execution of that part of the budget. Decision 2001/886/JHA 

and Regulation (EC) No 2424/2001 both expire on 31 December 2006. 

(2) 

The development of SIS II will take longer than initially foreseen, requiring the availability 

of financial appropriations beyond 31 December 2006. 

1 
2  
3  

Opinion of the European Parliament of … (not yet published in the Official Journal). 
OJ L 328, 13.12. 2001, p. 4. 
OJ L 328, 13.12. 2001, p. 1. 

 
 
                                                 
 
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(3) 

It is therefore necessary to extend the period of validity of Decision 2001/886/JHA so that 

the Commission can implement the budget after 2006 in order to complete the project for 

the development of SIS II, including the establishment of the communication 

infrastructure.  

(4) 

Council Conclusions of 29 April 2004 state that for the development phase of SIS II the 

central unit of SIS II shall be located in France and the back-up central unit shall be located 

in Austria subject to certain arrangements that will be necessary before the sites become 

operational. Operational management and responsibility for liaison with the Commission 

for the sites shall be the responsibility of France and Austria respectively. 

(5) 

It is also necessary to confer on the Commission the responsibility for the preparation of 

technical integration into SIS II, in particular of the Member States which have acceded to 

the European Union in 2004. 

(6) 

Decision 2001/886/JHA should, therefore, be amended accordingly. 

(7) 

This Decision is without prejudice to the adoption in the future of legislative instruments 

for the establishment, operation and use of SIS II. 

(8) 

The United Kingdom 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 establishing European 

Commuity, 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 acquis1. 

(9) 

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 establishing European Community, and 

Article 5(1) and 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 acquis2. 

(10) 

As regards Iceland and Norway, this Decision constitutes a development of the provisions 

of the Schengen acquis within the meaning of the Agreement concluded by the Council of 

1 
2 

OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 

 
                                                 
 
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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 acquis1 which fall within the area referred to in Article 1, point G of 

Council Decision 1999/437/EC of 17 May 1996 on certain arrangements for the 
application of that Agreement 2. 

(11) 

As regards Switzerland, this Decision constitutes a development of the provisions of the 

Schengen acquis within the meaning of the Agreement signed between the European 

Union, the European Community and the Swiss Confederation concerning the association 

of the Swiss Confederation with the implementation, application and development of the 

Schengen acquis, which fall within the area referred to in Article 1, point G of Council 

Decision 1999/437/EC read in conjunction with Article 4(1) of Council 

Decision 2004/849/EC on the signing, on behalf of the European Union, and on the 
provisional application of certain provisions of that Agreement3, 

HAS DECIDED AS FOLLOWS: 

Article 1 

Decision 2001/886/JHA is hereby amended as follows: 

1) 

the following sentence shall be added to Article 2: 

"The development comprises the preparation of technical integration into SIS II, 

in particular of the Member States which have acceded to the European Union in 2004."; 

2) 

the following Article shall be inserted: 

"Article 4A 

1.  Without prejudice to the Commission's responsibility for the development of SIS II, 

the central unit of SIS II shall be located in Strasbourg (France) and the back-up 

central unit in Sankt Johann im Pongau (Austria) during the development of the 

system. 

1 
2  
3 

OJ L 176, 10.7.1999, p. 36. 
OJ L 176, 10.7.1999, p. 31. 
OJ L 368, 15.12.2004, p. 26. 

 
                                                 
 
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2. 

France and Austria shall provide the appropriate infrastructure and means to host the 

central unit and the back-up central unit of SIS II respectively during the 

development of the system. 

3. 

The national authority providing for the infrastructure and means referred to in 

paragraph 2 may receive a Community grant for the preparation and maintenance of 

the site or for providing other services necessary for hosting SIS II during its 

development."; 

3) 

in Article 7, the second subparagraph shall be replaced by the following: 

"It shall expire on 31 December 2008.". 

Article 2 

This Decision shall take effect on the day following that of its publication in the Official Journal of 

the European Union. 

Done at Brussels, 21 December 2006. 

For the Council 

The President 

 J. KORKEAOJA