2007/471/EC: Council Decision of 12 June 2007 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic
Date: 2007-06-12
Institutions: Council of the European Union
Subjects: Schengen Agreement, Schengen Information System, accession to the European Union, application of EU law, border control, data protection

L 179/46

EN

Official Journal of the European Union

7.7.2007

COUNCIL DECISION

of 12 June 2007
on the application of the provisions of the Schengen acquis relating to the Schengen Information
System in the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of
Slovenia and the Slovak Republic

(2007/471/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Act concerning the conditions of
Accession of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the
Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the
European Union is founded,
the 2003 Act of
Accession), and in particular Article 3(2) thereof,

(hereinafter

Having regard to the opinion of the European Parliament,

Whereas:

(1)

(2)

Article 3(2) of the 2003 Act of Accession provides that
the provisions of the Schengen acquis other than those
mentioned in Annex I to the said Act shall only apply in
that
a new Member State within the meaning of
instrument pursuant
to a Council Decision to that
effect after verification that the necessary conditions for
the application of that acquis have been met.

The Council has verified whether the Czech Republic, the
Republic of Estonia, the Republic of Latvia, the Republic
of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia
and the Slovak Republic (hereinafter the Member States
concerned) ensure satisfactory levels of data protection
through the following steps:

A full questionnaire was forwarded to the Member States
concerned, whose replies were recorded, and verification
and evaluation visits were made to all the Member States
concerned,
in accordance with the applicable Schengen
evaluation procedures as set out in the Decision of the
Executive Committee setting up a Standing Committee
on the evaluation and implementation of Schengen
(SCH/Com-ex (98) 26 def.) (1),
in the area of Data
Protection.

the Republic of Latvia,
the Republic of Hungary,

On 5 December 2006, the Council concluded that the
conditions in this area had been fulfilled by the Czech
the Republic of
Republic,
the Republic of
Lithuania,
Malta,
the Republic of Poland and the Republic of
Slovenia. On 11 June 2007, the Council concluded that
the conditions in this area had been fulfilled by the
Republic of Estonia and by the Slovak Republic. It is
from which the
therefore possible
Schengen acquis relating to the Schengen Information
System (SIS) may apply in those Member States.

a date

to set

(4)

(5)

(6)

The entry into force of this Decision should allow for
real SIS data to be transferred to the Member States
concerned. The concrete use of this data should allow
the Council, through the applicable Schengen evaluation
procedures as set out in SCH/Com-ex (98) 26 def., to
verify the correct application of the provisions of the
Schengen acquis
relating to the SIS in the Member
States concerned. Once these evaluations have been
carried out, the Council should decide on the lifting of
checks at the internal borders with the Member States
concerned.

A separate Council Decision should be taken setting a
date for the lifting of checks at internal borders. Until the
date of the lifting of checks set out in that Decision,
the SIS should be
certain restrictions on the use of
imposed.

As regards Iceland and Norway, this Decision constitutes
the Schengen acquis
a development of provisions of
within the meaning of the Agreement concluded by the
the European Union and the Republic of
Council 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)
which fall within the area referred to in Article 1, point
G, of Decision 1999/437/EC (3) on certain arrangements
for the application of that Agreement,.

(1) OJ L 239, 22.9.2000, p. 138.

(2) OJ L 176, 10.7.1999, p. 36.
(3) OJ L 176, 10.7.1999, p. 31.

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Official Journal of the European Union

L 179/47

HAS DECIDED AS FOLLOWS:

Article 1

The provisions of the Schengen acquis relating to the SIS,
1.
as referred to in Annex I, shall apply to the Czech Republic, the
Republic of Estonia, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the
Republic of Poland, the Republic of Slovenia and the Slovak
Republic amongst themselves and in their relations with the
Kingdom of Belgium, the Kingdom of Denmark, the Federal
Republic of Germany, the Hellenic Republic, the Kingdom of
Spain, the Republic of France, the Italian Republic, the Grand
Duchy of Luxembourg, the Kingdom of the Netherlands, the
Republic of Austria, the Portuguese Republic, the Republic of
Finland and the Kingdom of Sweden as well as the Republic of
Iceland and the Kingdom of Norway from 1 September 2007.

The provisions of the Schengen acquis relating to the SIS,
2.
as referred to in Annex II, shall apply to the Czech Republic, the
Republic of Estonia, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the
Republic of Poland, the Republic of Slovenia and the Slovak
Republic amongst themselves and in their relations with the
Kingdom of Belgium, the Kingdom of Denmark, the Federal
Republic of Germany, the Hellenic Republic, the Kingdom of
Spain, the Republic of France, the Italian Republic, the Grand
Duchy of Luxembourg, the Kingdom of the Netherlands, the
Republic of Austria, the Portuguese Republic, the Republic of
Finland and the Kingdom of Sweden as well as the Republic of
Iceland and the Kingdom of Norway from the date foreseen in
those provisions.

From 7 July 2007 real SIS data may be transferred to the

3.
Member States concerned.

From 1 September 2007, the Member States concerned, like the
Member States in respect of which the Schengen acquis has
already been implemented, will be able to enter data into the
SIS and use SIS data, subject to the provisions of paragraph 4.

Until the date of the lifting of checks at internal borders

4.
with the Member States concerned, those Member States:

(a) shall not be obliged to refuse entry to their territory or to
expel nationals of third States for whom an SIS alert has
been issued by another Member State for the purposes of
refusing entry;

(b) shall

refrain from entering the data covered by the
provisions of Article 96 of
the Convention of 19 June
1990 implementing the Schengen Agreement of 14 June
1985 between the Governments of the States of Benelux
Economic Union, the Federal Republic of Germany and the
French Republic on the gradual abolition of checks at their
common borders (hereinafter Schengen Convention) (1).

Article 2

This Decision shall enter into force on the day of its publication
in the Official Journal of the European Union.

Done at Luxembourg, 12 June 2007.

For the Council
The President

W. SCHÄUBLE

(1) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regu-
lation (EC) No 1987/2006 of the European Parliament and of the
Council (OJ L 381, 28.12.2006, p. 4).

L 179/48

EN

Official Journal of the European Union

7.7.2007

ANNEX I

List of the provisions of the Schengen acquis relating to the SIS within the meaning of Article 3(2) of the 2003
Act of Accession to be rendered applicable to the Member States concerned

1. In respect of the provisions of the Schengen Convention:

Article 64 and Articles 92 to 119 of the Schengen Convention.

2. Other provisions concerning SIS:

(a)

in respect of the provisions of the following Decisions of the Executive Committee established by the Schengen
Convention:

Decision of the Executive Committee of 15 December 1997 amending the Financial Regulation on C. SIS
(SCH/Com-ex (97)35) (1);

(b) in respect of the provisions of the following Declarations of the Executive Committee established by the Schengen

Convention:

(i) Declaration of the Executive Committee of 18 April 1996 defining the concept of an alien (SCH/Com-ex (96)

decl. 5) (2);

(ii) Declaration of the Executive Committee of 28 April 1999 on the structure of the SIS (SCH/Com-ex (99)

decl. 2 rev) (3),

(c) other instruments:

(i) Council Decision (2000/265/CE) of 27 March 2000 on the establishment of a financial regulation governing
the budgetary aspects of the management by the Deputy Secretary-General of the Council, of contracts
concluded in his name, on behalf of certain Member States, relating to the installation and the functioning
of the communication infrastructure for the Schengen environment, ‘Sisnet’ (4),

(ii) The SIRENE Manual (5),

(iii) Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions
for the Schengen Information System, including in the fight against terrorism (6), and any subsequent decisions
on the date of application of those functions,

(iv) Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for
the Schengen Information System, including in the fight against terrorism (7), and any subsequent decisions on
the date of application of those functions,

(v) Regulation (EC) No 1160/2005 of the European Parliament and of the Council of 6 July 2005 amending the
Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at
common borders, as regards access to the Schengen Information System by the services in the Member States
responsible for issuing registration certificates for vehicles (8),

(vi) Article 5(4)(a) and the provisions of Title II and the annexes thereto referring to the Schengen Information
System (SIS) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March
2006 establishing a Community Code on the rules governing the movement of persons across borders
(Schengen Borders Code) (9).

(1) OJ L 239, 22.9.2000, p. 444. Decision as amended by Council Decision 2007/472/EC (See page 50 of this Official Journal).
(2) OJ L 239, 22.9.2000, p. 458.
(3) OJ L 239, 22.9.2000, p. 459.
(4) OJ L 85, 6.4.2000, p. 12. Decision as last amended by Decision 2007/155/EC (OJ L 68, 8.3.2007, p. 5).
(5) Parts of SIRENE manual were published in OJ C 38, 17.2.2003, p. 1. Manual was amended by Commission Decisions 2006/757/EC

(OJ L 317, 16.11.2006, p. 1) and 2006/758/EC (OJ L 317, 16.11.2006, p. 41).

(6) OJ L 162, 30.4.2004, p. 29.
(7) OJ L 68, 15.3.2005, p. 44.
(8) OJ L 191, 22.7.2005, p. 18.
(9) OJ L 105, 13.4.2006, p. 1.

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L 179/49

ANNEX II

List of the provisions of the Schengen acquis relating to the SIS within the meaning of Article 3(2) of the 2003
Act of Accession to be rendered applicable to the Member States concerned from the date foreseen in those
provisions

1. Regulation (EC) No 1986/2006 of the European Parliament and of the Council of 20 December 2006 regarding access
to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for
issuing vehicle registration certificates (1);

2. Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the

establishment, operation and use of the second generation Schengen Information System (SIS II) (2);

3. Council Decision 2007/…/EC of … 2007 on the establishment, operation and use of the second generation Schengen

Information System (SIS II) (3).

(1) OJ L 381, 28.12.2006, p. 1.
(2) OJ L 381, 28.12.2006, p. 4.
(3) See Council document 14914/06. Decision not yet published in the Official Journal, but adopted on 12 June 2007, except in Bulgarian

and Romanian (adoption in those languages scheduled for 10 July 2007).