Council Regulation (EC) No 1988/2006 of 21 December 2006 amending Regulation (EC) No 2424/2001 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

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I 

(Acts whose publication is obligatory) 

Council Regulation (EC) No 1988/2006 

of 21 December 2006 

amending Regulation (EC) No 2424/2001 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 proposal from the Commission, 

Having regard to the Opinion of the European Parliament, 

Whereas: 

(1) 

Decision 2001/886/JHA of 6 December 2001 on the development of the second generation 
of the Schengen Information System (SIS II)1 and Regulation (EC) No 2424/20012 

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. Regulation (EC) No 2424/2001 and 

Decision 2001/886/JHA 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. 

(3) 

It is therefore necessary to extend the period of validity of Regulation (EC) No 2424/2001 

so that the Commission can implement the budget after 2006 in order to complete the 

1 
2 

OJ L 328, 13.12. 2001, p. 1. 
OJ L 328, 13.12. 2001, p. 4. 

 
                                                 
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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) 

Regulation (EC) No 2424/2001 should, therefore, be amended accordingly. 

(7) 

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

for the establishment, operation and use of SIS II. 

(8) 

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 European Community, 

Denmark does not take part in the adoption of this Regulation and is not bound by it or 

subject to its application. Given 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 adoption of this Regulation, whether it will 

implement it in its national law. 

(9) 

This Regulation and the United Kingdom's participation in its adoption and application are 

without prejudice to the arrangements for the United Kingdom's partial participation in the 

Schengen acquis defined by the 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. 

(10) 

Ireland is taking part in the adoption of this Regulation 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 the Treaty establishing the European 

 
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Community, and Articles 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. 

(11) 

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

the Schengen acquis within the meaning 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 acquis3, 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 that 
Agreement4. 

(12) 

As regards Switzerland, this Regulation 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 2004/860/EC on the signing, on behalf of the European Community and on the 
provisional application of certain provisions of that Agreement5, 

HAS ADOPTED THIS REGULATION: 

1 
2 
3 
4 
5 

OJ L 131, 1.6. 2000, p. 43. 
OJ L 64, 7.3. 2002, p. 20. 
OJ L 176, 10.7.1999, p. 31. 
OJ L 176, 10.7. 1999, p. 31. 
OJ L 370, 17.12.2004, p. 78. 

 
                                                                                                                                                                  
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Article 1 

Regulation (EC) No 2424/2001 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. 

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."; 

 
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3) 

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

"It shall expire on 31 December 2008.". 

Article 2 

This Regulation shall enter into force on the day following that of its publication in the Official 

Journal of the European Union. 

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 Brussels, 21 December 2006. 

For the Council 

The President 

 J. KORKEAOJA