Regulation 2006/1988 - Amendment of Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II) - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2006/1988
Original proposal	COM(2006)383
CELEX number i	32006R1988

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 2424/2001² 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

OJ L 328, 13.12. 2001, p. 1. OJ L 328, 13.12. 2001, p. 4.

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 acquis¹.

• (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

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...

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