CELEX: 32006R1988
Language: en
Date: 2006-12-21 00:00:00
Title: 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)

30.12.2006            EN             Official Journal of the European Union                         L 411/1
                                                         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 2424/2001 2
          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
        OJ L 328, 13.12. 2001, p. 1.
2
        OJ L 328, 13.12. 2001, p. 4.
 ---pagebreak--- L 411/2             EN              Official Journal of the European Union                    30.12.2006
        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 acquis 1 .
(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
 ---pagebreak--- 30.12.2006          EN             Official Journal of the European Union                          L 411/3
          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 acquis 2 .
(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 acquis 3 , 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
          Agreement 4 .
(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 Agreement 5 ,
HAS ADOPTED THIS REGULATION:
1
        OJ L 131, 1.6. 2000, p. 43.
2
        OJ L 64, 7.3. 2002, p. 20.
3
        OJ L 176, 10.7.1999, p. 31.
4
        OJ L 176, 10.7. 1999, p. 31.
5
        OJ L 370, 17.12.2004, p. 78.
 ---pagebreak--- L 411/4            EN             Official Journal of the European Union                      30.12.2006
                                                 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.";
 ---pagebreak--- 30.12.2006          EN             Official Journal of the European Union                         L 411/5
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