Legal provisions of JAI(2001)6 - Initiative of Belgium and of Sweden with a view to the adoption of a Council Regulation on the development of the second generation Schengen information system (SIS II)

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dossier JAI(2001)6 - Initiative of Belgium and of Sweden with a view to the adoption of a Council Regulation on the development of the second ...
document JAI(2001)6
date December  6, 2001


Contents

Article 1

The Schengen Information System set up pursuant to the provisions of Title IV of the 1990 Schengen Convention, shall be replaced by a new system, the Schengen Information System II (SIS II), which shall allow for new Member States to be integrated into the system.

Article 2

The SIS II, which shall be a single integrated system, shall be developed by the Commission, in accordance with the procedures set out in this Regulation.

Article 3

The measures necessary for the development of SIS II shall be adopted in accordance with the management procedure referred to in Article 5(2) where they concern matters other than those listed in Article 4.

Article 4

The measures necessary for the development of SIS II concerning the following matters shall be taken in accordance with the regulatory procedure referred to in Article 5(3):

(a) the design of the physical architecture of the system, including its communication network;

(b) technical aspects which have a bearing on the protection of personal data;

(c) technical aspects which have serious financial implications for the budgets of the Member States or which have serious technical implications for the national systems of the Member States;

(d) the development of security requirements.

Article 5

1. The Commission shall be assisted by a Management or Regulatory committee respectively.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.

3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.

4. The respective committees shall adopt their rules of procedure.

Article 6

The Commission shall submit by the end of every six month period, and for the first time by the end of the second six month period of 2002, a progress report to the Council and the European Parliament concerning the development of SIS II.

Article 7

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

It shall expire on 31 December 2006.


This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaty establishing the European Community.