Explanatory Memorandum to COM(2006)383-1 - Amendment of Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II) - Main contents
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| dossier | COM(2006)383-1 - Amendment of Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II). |
|---|---|
| source | COM(2006)383  |
| date | 12-07-2006 |
Grounds for and objectives of the proposal The Council entrusted the Commission with the development of the second generation Schengen Information System (SIS II) by Regulation EC No 2424/2001 and Decision 2001/886/JHA. The objective of these proposals is to amend the aforementioned Regulation and Decision in order to extend the deadline for the development of the SIS II until 31 December 2007 and allow for the allocation of the necessary budget. In addition, it establishes the location of the system during its development in France and Austria.
General context The Schengen Information System (SIS), set up pursuant to the provisions of Title IV of the Convention of 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders constitutes an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union. The current SIS has not been constructed so as to service the increased number of Member States of the European Union after its enlargement and to other countries that will be connected to SIS II. In addition, in order to benefit from the latest developments in the field of information technology and to allow for the introduction of new functions, it was decided in 2001 to develop a new second generation Schengen Information System (SIS II). Several factors explain the need to extend by one year the initial mandate given by the Council to the Commission, such as, a temporary suspension of works following an injunction ordered by the Court of First Instance (T-447/04), which was subsequently removed, on the public procurement procedure for the development of SIS II; the S-Testa communications infrastructure funded under the IDABC programme, which will not be operational as planned during the initial testing phase; the lack of preparedness and uncertainty regarding the sites for the development, and the complexity of the project itself also had a negative impact on the planning. The choice of the sites for the development of the system in France and Austria follows the Council Conclusions from 29 April 2004 when the Council agreed on: '1. The central part of SIS II shall be located in Strasbourg and the operational management and responsibility for liaison with the Commission for this site shall be the responsibility of France. 2. The Business Continuity Site shall be located in Salzburg subject to certain arrangements that will be necessary before the site becomes operational. In that event, operational management and responsibility for liaison with the Commission for this site shall be the responsibility of Austria.'
Existing provisions in the area of the proposal - Convention Implementing the Schengen Agreement (Articles 92-119) - 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 - 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 - 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 The Convention and the three legal acts cited above constitute the current legal framework of the SIS which will be replaced by the future SIS II. The Commission has submitted proposals for a Regulation and a Decision on the establishment, operation and use of the SIS II, documents COM (2005) 230 and 236 and one other proposal for a Regulation regarding access to the SIS II by services in the Member States responsible for issuing vehicle registration certificates, document COM (2005) 237.
Consistency with the other policies and objectives of the Union Not applicable.
Consultation of interested parties
Consultation methods, main sectors targeted and general profile of respondents Member States' experts are closely involved in the development of the SIS II, in particular in the framework of the SIS II Committee.
Collection and use of expertise
There was no need for external expertise.
Impact assessment No Impact Assessment is required for this proposal which is not in the 2006 Work Programme of the Commission.
Contents
Summary of the proposed action The objective of the proposals is to amend Regulation (EC) 2424/2001 and Decision 2001/886/JHA in order to extend the deadline for the development of the SIS II until 31 December 2007 and to designate the sites for the installation and final development of SIS II. This includes the obligation for the competent Member States to provide the infrastructure and means for hosting the system and which may receive a Community grant for that purpose
Legal basis The regulation has its legal basis in Article 66 of the Treaty Establishing the European Community. The reference to the Treaty is the same as the one of the act to be amended. The decision has its legal basis in Art. 30 i (a), Article 31 i (a) and (b) and Article 34 i (c) of the Treaty on European Union. The reference to the Treaty is the same as the one of the act to be amended.
The objective of the proposed action, namely the establishment of a common information system regarding certain categories of persons and objects through a computerised information system, cannot be achieved by the Member States individually.
The SIS II is necessary for the implementation of common policies of the European Union. It is notably a pre-condition to guarantee an area without internal border checks.
The Community task is limited to the development of the central part of the SIS II and its communications infrastructure. Member States are responsible for developing their national systems that shall guarantee access by the end-users to the services provided by SIS II.
The proposals, therefore, comply with the subsidiarity principle.
Proportionality principle The proposal complies with the proportionality principle for the following reason.
Member States have full discretion as regards the administrative and financial arrangements for implementing their national systems. The national preparations must, however, fit with the overall planning for the development of the SIS II. The Commission is providing the technical specifications for the national interfaces that will allow smooth connection and flawless data exchange between the national systems and the SIS II.
The Regulation (EC) 2424/2001 and the Decision 2001/886/JHA, both to be amended, lay down a regulatory procedure for the SIS II implementing measures that have serious financial implications for the budgets of the Member States and which remains applicable.
Proposed instruments: a regulation and a decision.
Other means would not be adequate for the following reason. The objective of the proposed Regulation is to amend another Regulation while the objective of the proposed Decision is to amend another Decision, therefore, following the principle of 'formal parallelism' the amending act must take the same form as the act to be amended.
The extension of the mandate and the completion of the SIS II development in 2007 will require some additional financial resources that are already foreseen in the PDB (Preliminary Draft Budget) 2007. The additional costs will be linked to the network, resizing of the central system and support at the sites where the system will be developed.
Proposal for a
COUNCIL REGULATION
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 i,
Having regard to the opinion of the European Parliament i,
Whereas:
Together with Decision 2001/886/JHA of 6 December 2001 on the development of the second generation of the Schengen Information System (SIS II) Regulation (EC) No 2424/2001 constitutes the required legislative basis to allow for the inclusion in the budget of the 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.
The development of the SIS II will take longer than initially foreseen requiring the availability of financial appropriations beyond 31 December 2006
It is therefore necessary to extend the period of validity of Regulation (EC) No 2424/2001 so that the Commission can implement the budget in 2007 in order to complete the project for the development of the SIS II including the establishment of the communication infrastructure.
Council Conclusions of 29 April 2004 state that for the development phase of SIS II the central part of SIS II shall be located in Strasbourg and the Business Continuity Site shall be located in Salzburg subject to certain arrangements that will be necessary before the site becomes operational. Operational management and responsibility for liaison with the Commission for the site shall be the responsibility of France and Austria respectively.
This Regulation is without prejudice to the adoption in the future of the legislative instruments for the establishment, operation and use of the SIS II.
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 is not a party to the adoption of this Regulation and is therefore, 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 EC Treaty, 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.
This Regulation and the United Kingdom's and Ireland's participation it its adoption and application are without prejudice to the arrangements for the United Kingdom's and Ireland's partial participation in the Schengen acquis as respectively defined by the Council Decision 2000/365/EC of 29 May 2000 i and Council Decision 2002/192/EC of 28 February 2002 i.
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 i, 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.
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 falls within the area referred to in Article 1, point G of Council Decision 1999/437/EC read in conjunction with Article 4 i 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 i.
This Regulation constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3 i of the 2003 Act of Accession.
Regulation (EC) No 2424/2001 should, therefore, be amended accordingly
HAS ADOPTED THIS REGULATION:
Regulation (EC) No 2424/2001 is amended as follows:
the following Article 4a is inserted:
"Article 4a
1. Without prejudice to the Commission's responsibility for the development of the SIS II, the central unit of the SIS II shall be located in Strasbourg (France) and the back-up central unit in Sankt Johann in 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 the SIS II during its development."
In Article 7, the second paragraph is replaced by the following:
"It shall expire on 31 December 2007"
This Regulation shall enter into force on the twentieth 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 all Member States in accordance with the Treaty establishing the European Community.
Done at Brussels,
The President