CELEX: 32006D1007
Language: en
Date: 2006-12-21 00:00:00
Title: 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)

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 Parliament 1 ,
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/JHA 3 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
        Opinion of the European Parliament of … (not yet published in the Official Journal).
2
        OJ L 328, 13.12. 2001, p. 4.
3
        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 acquis 1 .
(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 acquis 2 .
(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
        OJ L 131, 1.6.2000, p. 43.
2
        OJ L 64, 7.3.2002, p. 20.
 ---pagebreak--- L 411/80            EN             Official Journal of the European Union                     30.12.2006
         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 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 Agreement 3 ,
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
        OJ L 176, 10.7.1999, p. 36.
2
        OJ L 176, 10.7.1999, p. 31.
3
        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