Decision 2010/779 - 2010/779/EU: Council Decision of 14 December 2010 concerning the request of the United Kingdom to take part in some of the provisions of the Schengen acquis relating to the establishment of a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice - Main contents
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official title
2010/779/EU: Council Decision of 14 December 2010 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 relating to the establishment of a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2010/779 |
| CELEX number i | 32010D0779 |
| Document | 14-12-2010 |
|---|---|
| Publication in Official Journal | 17-12-2010; OJ L 333, 17.12.2010,Special edition in Croatian: Chapter 19 Volume 011 |
| Effect | 18-12-2010; Entry into force Date pub. +1 See Art 2 |
| End of validity | 31-12-9999 |
17.12.2010 |
EN |
Official Journal of the European Union |
L 333/58 |
COUNCIL DECISION
of 14 December 2010
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 relating to the establishment of a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice
(2010/779/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Article 4 of Protocol (No 19) on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union (hereinafter ‘the Schengen Protocol’),
Having regard to the request by the Government of the United Kingdom of Great Britain and Northern Ireland, by its letter to the President of the Council of 5 October 2010, to participate in certain provisions of the Schengen acquis, as specified in that letter,
Whereas:
(1) |
By Decision 2000/365/EC (1) the Council authorised the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis, in accordance with the conditions set out in that Decision. |
(2) |
On 24 June 2009 the European Commission presented a proposal for a Regulation of the European Parliament and of the Council establishing a European Agency for the operational management of large-scale IT systems in the area of freedom security and justice (hereinafter ‘the proposed Regulation’). |
(3) |
According to the proposed Regulation, the European Agency for the operational management of large-scale IT systems in the area of freedom security and justice (hereinafter ‘the Agency’) is to be made responsible for the operational management of the second generation Schengen Information System (SIS II), the Visa Information System (VIS) and Eurodac and it may be made responsible for the preparation, development and operational management of other large-scale IT systems in the area of freedom, security and justice, on the basis of a relevant legislative instrument, based on Title V of Part three of the Treaty on the Functioning of the European Union. |
(4) |
SIS II is part of the Schengen acquis. Regulation (EC) No 1987/2006 of the European Parliament and of the Council (2) and Council Decision 2007/533/JHA (3) govern the establishment, operation and use of SIS II. However, the United Kingdom has only taken part in the adoption of Decision 2007/533/JHA which develops the provisions of the Schengen acquis referred to in Article 1(a)(ii) of Decision 2000/365/EC. |
(5) |
VIS is also part of the Schengen acquis. The United Kingdom did not take part in the adoption of, and is not bound by Decision 2004/512/EC (4), Regulation (EC) No 767/2008 (5) and Decision 2008/633/JHA (6) which govern the establishment, operation or use of VIS. |
(6) |
Eurodac is not part of the Schengen acquis. The United Kingdom has taken part in the adoption of, and is bound by Regulation (EC) No 2725/2000 (7) which governs the establishment, operation and use of Eurodac. |
(7) |
Given its participation in Eurodac and its partial participation in SIS II, the United Kingdom has the right to participate in the activities of the Agency, to the extent that the Agency will be responsible for the operational management of SIS II as governed by Decision 2007/533/JHA, and Eurodac. |
(8) |
The proposed Agency should have a single legal personality and be characterised by the unity of its organisational and financial structure. To this end, the Agency should be established by means of a single legislative instrument which must be voted on within the Council in its entirety. Moreover, once adopted, the proposed Regulation should become applicable in its entirety... |
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