P6_TA(2006)0439

Peace process in Spain

European Parliament resolution on the peace process in Spain

The European Parliament,

—	having regard to Rule 103(2) of its Rules of Procedure,

1.	Endorses the statement by the European Council of 23 and 24 March 2006, under the Austrian Presidency, that ‘the European Council welcomed the reports of the President of the Spanish Government on the announcement of a permanent ceasefire made by the terrorist group ETA’;

2.

Supports the statement on 22 March 2006 by the President of the European Parliament, Josep Borrell, to the effect that ‘this is good news for Spanish society and the whole of Europe, which shows that terrorism can be fought by the force of democracy; this is a time to show calmness and caution, a time to remember the many victims of terrorism, a time for hope, for all democratic political forces to join together’;

3.	Calls on the Council and the Commission to take appropriate action;

4.	Condemns violence as being morally unacceptable and absolutely incompatible with democracy;

5.	Expresses its solidarity with the victims of terrorism;

6.	Supports the fight against terrorism and the peace initiative in the Basque Country undertaken by the Spanish democratic institutions within the framework of their exclusive competences;

7.	Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States.

P6_TA(2006)0440

European order for payment procedure ***II

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council creating a European order for payment procedure (7535/3/2006 — C6-0227/2006 — 2004/0055(COD))

(Codecision procedure: second reading)

The European Parliament,

—	having regard to the Council common position (7535/3/2006 — C6-0227/2006),

—	having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0173) (2),

—	having regard to Article 251(2) of the EC Treaty,

—	having regard to Rule 62 of its Rules of Procedure,

—	having regard to the recommendation for second reading of the Committee on Legal Affairs (A6-0316/2006),

1.	Approves the common position as amended;

2.	Instructs its President to forward its position to the Council and the Commission.

---

(1)  Texts Adopted, 13.12.2005, P6_TA(2005)0499.

(2)  Not yet published in OJ.

P6_TC2-COD(2004)0055

Position of the European Parliament adopted at second reading on 25 October 2006 with a view to the adoption of Regulation (EC) No ... /2006 of the European Parliament and of the Council creating a European order for payment procedure

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 61(c) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1)

The Community has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured. For the gradual establishment of such an area, the Community is to adopt, inter alia, measures in the field of judicial cooperation in civil matters having cross-border implications and needed for the proper functioning of the internal market.

(2)	According to Article 65(c) of the Treaty, these measures are to include measures eliminating obstacles to the good functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States.

(3)

The European Council meeting in Tampere on 15 and 16 October 1999 invited the Council and the Commission to prepare new legislation on issues that are instrumental to smooth judicial cooperation and to enhanced access to law and specifically made reference, in that context, to orders for money payment.

(4)

On 30 November 2000, the Council adopted a joint Commission and Council programme of measures for implementation of the principle of mutual recognition of decisions in civil and commercial matters (3). The programme envisages the possibility of a specific, uniform or harmonised procedure laid down within the Community to obtain a judicial decision in specific areas including that of uncontested claims. This was taken forward by the Hague Programme, adopted by the European Council on 5 November 2004, which called for work to be actively pursued on the European order for payment.

(5)

The Commission adopted a Green Paper on a European order for payment procedure and on measures to simplify and speed up small claims litigation on 20 December 2002. The Green Paper launched consultations on the possible objectives and features of a uniform or harmonised European procedure for the recovery of uncontested claims.

(6)

The swift and efficient recovery of outstanding debts over which no legal controversy exists is of paramount importance for economic operators in the European Union, as late payments constitute a major reason for insolvency threatening the survival of businesses, particularly small and mediumsized enterprises, and resulting in numerous job losses.

(7)

All Member States are trying to tackle the issue of mass recovery of uncontested claims, in the majority of States by means of a simplified order for payment procedure, but both the content of national legislation and the performance of domestic procedures vary substantially. Furthermore, the procedures currently in existence are frequently either inadmissible or impracticable in cross-border cases.

(8)

The resulting impediments to access to efficient justice in cross-border cases and the distortion of competition within the internal market due to imbalances in the functioning of procedural means afforded to creditors in different Member States necessitate Community legislation guaranteeing a level playing field for creditors and debtors throughout the European Union.

(9)

The purpose of this Regulation is to simplify, speed up and reduce the costs of litigation in crossborder cases concerning uncontested pecuniary claims by creating a European order for payment procedure, and to permit the free circulation of European orders for payment throughout the Member States by laying down minimum standards, compliance with which renders unnecessary any intermediate proceedings in the Member State of enforcement prior to recognition and enforcement.

(10)

The procedure established by this Regulation should serve as an additional and optional means for the claimant, who remains free to resort to a procedure provided for by national law. Accordingly, this Regulation neither replaces nor harmonises the existing mechanisms for the recovery of uncontested claims under national law.

(11)	The procedure should be based, to the largest extent possible, on the use of standard forms in any communication between the court and the parties in order to facilitate its administration and enable the use of automatic data processing.

(12)	When deciding which courts are to have jurisdiction to issue a European order for payment, Member States should take due account of the need to ensure access to justice.

(13)	In the application for a European order for payment, the claimant should be obliged to provide information that is sufficient to clearly identify and support the claim in order to place the defendant in a position to make a well-informed choice either to oppose the claim or to leave it uncontested.

(14)	In that context, it should be compulsory for the claimant to include a description of evidence supporting the claim. For that purpose the application form should include as exhaustive a list as possible of types of evidence that are usually produced in support of pecuniary claims.

(15)	The lodging of an application for a European order for payment should entail the payment of any applicable court fees.

(16)

The court should examine the application, including the issue of jurisdiction and the description of evidence, on the basis of the information provided in the application form. This would allow the court to examine prima facie the merits of the claim and inter alia to exclude clearly unfounded claims or inadmissible applications. The examination should not need to be carried out by a judge.

(17)	There is to be no right of appeal against the rejection of the application. This does not preclude, however, a possible review of the decision rejecting the application at the same level of jurisdiction in accordance with national law.

(18)

The European order for payment should apprise the defendant of his options to pay the amount awarded to the claimant or to send a statement of opposition within a time limit of 30 days if he wishes to contest the claim. In addition to being provided with full information concerning the claim as supplied by the claimant, the defendant should be advised of the legal significance of the European order for payment and in particular of the consequences of leaving the claim uncontested.

(19)

Due to differences between Member States' rules of civil procedure and especially those governing the service of documents, it is necessary to lay down a specific and detailed definition of minimum standards that should apply in the context of the European order for payment procedure. In particular, as regards the fulfilment of those standards, any method based on legal fiction should not be considered sufficient for the service of the European order for payment.

(20)	All the methods of service listed in Articles 13 and 14 are characterised by either complete certainty (Article 13) or a very high degree of likelihood (Article 14) that the document served has reached its addressee.

(21)	Personal service on certain persons other than the defendant himself pursuant to Article 14(1)(a) and (b) should be deemed to meet the requirements of those provisions only if those persons actually accepted/received the European order for payment.

(22)

Article 15 should apply to situations where the defendant cannot represent himself in court, as in the case of a legal person, and where a person authorised to represent him is determined by law, as well as to situations where the defendant has authorised another person, in particular a lawyer, to represent him in the specific court proceedings at issue.

(23)	The defendant may submit his statement of opposition using the standard form set out in this Regulation. However, the courts should take into account any other written form of opposition if it is expressed in a clear manner.

(24)

A statement of opposition filed within the time limit should terminate the European order for payment procedure and should lead to an automatic transfer of the case to ordinary civil proceedings unless the claimant has explicitly requested that the proceedings be terminated in that event. For the purposes of this Regulation the concept of ordinary civil proceedings should not necessarily be interpreted within the meaning of national law.

(25)

After the expiry of the time limit for submitting the statement of opposition, in certain exceptional cases the defendant should be entitled to apply for a review of the European order for payment. Review in exceptional cases should not mean that the defendant is given a second opportunity to oppose the claim. During the review procedure the merits of the claim should not be evaluated beyond the grounds resulting from the exceptional circumstances invoked by the defendant. The other exceptional circumstances could include a situation where the European order for payment was based on false information provided in the application form.

(26)	Court fees covered by Article 25 should not include for example lawyers' fees or costs of service of documents by an entity other than a court.

(27)

A European order for payment issued in one Member State which has become enforceable should be regarded for the purposes of enforcement as if it had been issued in the Member State in which enforcement is sought. Mutual trust in the administration of justice in the Member States justifies the assessment by the court of one Member State that all conditions for issuing a European order for payment are fulfilled to enable the order to be enforced in all other Member States without judicial review of the proper application of minimum procedural standards in the Member State where the order is to be enforced. Without prejudice to the provisions of this Regulation, in particular the minimum standards laid down in Article 22(1) and (2) and Article 23, the procedures for the enforcement of the European order for payment should continue to be governed by national law.

(28)

For the purposes of calculating time limits, Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (4) should apply. The defendant should be advised of this and should be informed that account will be taken of the public holidays of the Member State in which the court issuing the European order for payment is situated.

(29)

Since the objective of this Regulation, namely to establish a uniform rapid and efficient mechanism for the recovery of uncontested pecuniary claims throughout the European Union, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the Regulation, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(30)	The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

(31)

The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, have given notice of their wish to take part in the adoption and application of this Regulation.

(32)	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,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

1.   The purpose of this Regulation is:

(a)	to simplify, speed up and reduce the costs of litigation in cross-border cases concerning uncontested pecuniary claims by creating a European order for payment procedure; and

(b)	to permit the free circulation of European orders for payment throughout the Member States by laying down minimum standards, compliance with which renders unnecessary any intermediate proceedings in the Member State of enforcement prior to recognition and enforcement.

2.   This Regulation shall not prevent a claimant from pursuing a claim within the meaning of Article 4 by making use of another procedure available under the law of a Member State or under Community law.

Article 2

Scope

1.   This Regulation shall apply to civil and commercial matters in cross-border cases, whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or the liability of the State for acts and omissions in the exercise of State authority (‘acta iure imperii’).

2.   This Regulation shall not apply to:

(a)	rights in property arising out of a matrimonial relationship, wills and succession;

(b)	bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;

(c)	social security;

(d)	claims arising from non-contractual obligations, unless: (i) they have been the subject of an agreement between the parties or there has been an admission of debt, or (ii) they relate to liquidated debts arising from joint ownership of property.

3.   In this Regulation, the term ‘Member State’ shall mean Member States with the exception of Denmark.

Article 3

Cross-border cases

1.   For the purposes of this Regulation, a cross-border case is one in which at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court seised.

2.   Domicile shall be determined in accordance with Articles 59 and 60 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (6).

3.   The relevant moment for determining whether there is a cross-border case shall be the time when the application for a European order for payment is submitted in accordance with this Regulation.

Article 4

European order for payment procedure

The European order for payment procedure shall be established for the collection of pecuniary claims for a specific amount that have fallen due at the time when the application for a European order for payment is submitted.

Article 5

Definitions

For the purposes of this Regulation, the following definitions shall apply:

1.	‘Member State of origin’ means the Member State in which a European order for payment is issued;

2.	‘Member State of enforcement’ means the Member State in which enforcement of a European order for payment is sought;

3.	‘court’ means any authority in a Member State with competence regarding European orders for payment or any other related matters;

4.	‘court of origin’ means the court which issues a European order for payment.

Article 6

Jurisdiction

1.   For the purposes of applying this Regulation, jurisdiction shall be determined in accordance with the relevant rules of Community law, in particular Regulation (EC) No 44/2001.

2.   However, if the claim relates to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, and if the defendant is the consumer, only the courts in the Member State in which the defendant is domiciled, within the meaning of Article 59 of Regulation (EC) No 44/2001, shall have jurisdiction.

Article 7

Application for a European order for payment

1.   An application for a European order for payment shall be made using standard form A as set out in Annex I.

2.   The application shall state:

(a)	the names and addresses of the parties, and, where applicable, their representatives, and of the court to which the application is made;

(b)	the amount of the claim, including the principal and, where applicable, interest, contractual penalties and costs;

(c)	if interest on the claim is demanded, the interest rate and the period of time for which that interest is demanded unless statutory interest is automatically added to the principal under the law of the Member State of origin;

(d)	the cause of the action, including a description of the circumstances invoked as the basis of the claim and, where applicable, of the interest demanded;

(e)	a description of evidence supporting the claim;

(f)	the grounds for jurisdiction; and

(g)	the cross-border nature of the case within the meaning of Article 3.

3.   In the application, the claimant shall declare that the information provided is true to the best of his knowledge and belief and shall acknowledge that any deliberate false statement could lead to appropriate penalties under the law of the Member State of origin.

4.   In an Appendix to the application the claimant may indicate to the court that he opposes a transfer to ordinary civil proceedings within the meaning of Article 17 in the event of opposition by the defendant. This does not prevent the claimant from informing the court thereof subsequently, but in any event before the order is issued.

5.   The application shall be submitted in paper form or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.

6.   The application shall be signed by the claimant or, where applicable, by his representative. Where the application is submitted in electronic form in accordance with paragraph 5, it shall be signed in accordance with Article 2(2) of Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (7). The signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.

However, such electronic signature shall not be required if and to the extent that an alternative electronic communications system exists in the courts of the Member State of origin which is available to a certain group of pre-registered authenticated users and which permits the identification of those users in a secure manner. Member States shall inform the Commission of such communications systems.

Article 8

Examination of the application

The court seised of an application for a European order for payment shall examine, as soon as possible and on the basis of the application form, whether the requirements set out in Articles 2, 3, 4, 6 and 7 are met and whether the claim appears to be founded. This examination may take the form of an automated procedure.

Article 9

Completion and rectification

1.   If the requirements set out in Article 7 are not met and unless the claim is clearly unfounded or the application is inadmissible, the court shall give the claimant the opportunity to complete or rectify the application. The court shall use standard form B as set out in Annex II.

2.   Where the court requests the claimant to complete or rectify the application, it shall specify a time limit it deems appropriate in the circumstances. The court may at its discretion extend that time limit.

Article 10

Modification of the application

1.   If the requirements referred to in Article 8 are met for only part of the claim, the court shall inform the claimant to that effect, using standard form C as set out in Annex III. The claimant shall be invited to accept or refuse a proposal for a European order for payment for the amount specified by the court and shall be informed of the consequences of his decision. The claimant shall reply by returning standard form C sent by the court within a time limit specified by the court in accordance with Article 9(2).

2.   If the claimant accepts the court's proposal, the court shall issue a European order for payment, in accordance with Article 12, for that part of the claim accepted by the claimant. The consequences with respect to the remaining part of the initial claim shall be governed by national law.

3.   If the claimant fails to send his reply within the time limit specified by the court or refuses the court's proposal, the court shall reject the application for a European order for payment in its entirety.

Article 11

Rejection of the application

1.   The court shall reject the application if:

(a)	the requirements set out in Articles 2, 3, 4, 6 and 7 are not met; or

(b)	the claim is clearly unfounded; or

(c)	the claimant fails to send his reply within the time limit specified by the court under Article 9(2); or

(d)	the claimant fails to send his reply within the time limit specified by the court or refuses the court's proposal, in accordance with Article 10.

The claimant shall be informed of the grounds for the rejection by means of standard form D as set out in Annex IV.

2.   There shall be no right of appeal against the rejection of the application.

3.   The rejection of the application shall not prevent the claimant from pursuing the claim by means of a new application for a European order for payment or of any other procedure available under the law of a Member State.

Article 12

Issue of a European order for payment

1.   If the requirements referred to in Article 8 are met, the court shall issue, as soon as possible and normally within 30 days of the lodging of the application, a European order for payment using standard form E as set out in Annex V.

The 30-day period shall not include the time taken by the claimant to complete, rectify or modify the application.

2.   The European order for payment shall be issued together with a copy of the application form. It shall not comprise the information provided by the claimant in Appendices 1 and 2 to form A.

3.   In the European order for payment, the defendant shall be advised of his options to:

(a)	pay the amount indicated in the order to the claimant; or

(b)	oppose the order by lodging with the court of origin a statement of opposition, to be sent within 30 days of service of the order on him.

4.   In the European order for payment, the defendant shall be informed that:

(a)	the order was issued solely on the basis of the information which was provided by the claimant and was not verified by the court;

(b)	the order will become enforceable unless a statement of opposition has been lodged with the court in accordance with Article 16;

(c)	where a statement of opposition is lodged, the proceedings shall continue before the competent courts of the Member State of origin in accordance with the rules of ordinary civil procedure unless the claimant has explicitly requested that the proceedings be terminated in that event.

5.   The court shall ensure that the order is served on the defendant in accordance with national law by a method that shall meet the minimum standards laid down in Articles 13, 14 and 15.

Article 13

Service with proof of receipt by the defendant

The European order for payment may be served on the defendant in accordance with the national law of the State in which the service is to be effected, by one of the following methods:

(a)	personal service attested by an acknowledgement of receipt, including the date of receipt, which is signed by the defendant;

(b)	personal service attested by a document signed by the competent person who effected the service stating that the defendant has received the document or refused to receive it without any legal justification, and the date of service;

(c)	postal service attested by an acknowledgement of receipt, including the date of receipt, which is signed and returned by the defendant;

(d)	service by electronic means such as fax or e-mail, attested by an acknowledgement of receipt, including the date of receipt, which is signed and returned by the defendant.

Article 14

Service without proof of receipt by the defendant

1.   The European order for payment may also be served on the defendant in accordance with the national law of the State in which service is to be effected, by one of the following methods:

(a)	personal service at the defendant's personal address on persons who are living in the same household as the defendant or are employed there;

(b)	in the case of a self-employed defendant or a legal person, personal service at the defendant's business premises on persons who are employed by the defendant;

(c)	deposit of the order in the defendant's mailbox;

(d)

deposit of the order at a post office or with competent public authorities and the placing in the defendant's mailbox of written notification of that deposit, provided that the written notification clearly states the character of the document as a court document or the legal effect of the notification as effecting service and setting in motion the running of time for the purposes of time limits;

(e)	postal service without proof pursuant to paragraph 3 where the defendant has his address in the Member State of origin;

(f)	electronic means attested by an automatic confirmation of delivery, provided that the defendant has expressly accepted this method of service in advance.

2.   For the purposes of this Regulation, service under paragraph 1 is not admissible if the defendant's address is not known with certainty.

3.   Service pursuant to paragraph 1(a), (b), (c) and (d) shall be attested by:

(a)	a document signed by the competent person who effected the service, indicating: (i) the method of service used; and (ii) the date of service; and (iii) where the order has been served on a person other than the defendant, the name of that person and his relation to the defendant; or

(b)	an acknowledgement of receipt by the person served, for the purposes of paragraphs (1)(a) and (b).

Article 15

Service on a representative

Service pursuant to Articles 13 or 14 may also be effected on a defendant's representative.

Article 16

Opposition to the European order for payment

1.   The defendant may lodge a statement of opposition to the European order for payment with the court of origin using standard form F as set out in Annex VI, which shall be supplied to him together with the European order for payment.

2.   The statement of opposition shall be sent within 30 days of service of the order on the defendant.

3.   The defendant shall indicate in the statement of opposition that he contests the claim, without having to specify the reasons for this.

4.   The statement of opposition shall be submitted in paper form or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.

5.   The statement of opposition shall be signed by the defendant or, where applicable, by his representative. Where the statement of opposition is submitted in electronic form in accordance with paragraph 4, it shall be signed in accordance with Article 2(2) of Directive 1999/93/EC. The signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.

However, such electronic signature shall not be required if and to the extent that an alternative electronic communications system exists in the courts of the Member State of origin which is available to a certain group of pre-registered authenticated users and which permits the identification of those users in a secure manner. Member States shall inform the Commission of such communications systems.

Article 17

Effects of the lodging of a statement of opposition

1.   If a statement of opposition is entered within the time limit laid down in Article 16(2), the proceedings shall continue before the competent courts of the Member State of origin in accordance with the rules of ordinary civil procedure unless the claimant has explicitly requested that the proceedings be terminated in that event.

Where the claimant has pursued his claim through the European order for payment procedure, nothing under national law shall prejudice his position in subsequent ordinary civil proceedings.

2.   The transfer to ordinary civil proceedings within the meaning of paragraph 1 shall be governed by the law of the Member State of origin.

3.   The claimant shall be informed whether the defendant has lodged a statement of opposition and of any transfer to ordinary civil proceedings.

Article 18

Enforceability

1.   If within the time limit laid down in Article 16(2), taking into account an appropriate period of time to allow a statement to arrive, no statement of opposition has been lodged with the court of origin, the court of origin shall without delay declare the European order for payment enforceable using standard form G as set out in Annex VII. The court shall verify the date of service.

2.   Without prejudice to paragraph 1, the formal requirements for enforceability shall be governed by the law of the Member State of origin.

3.   The court shall send the enforceable European order for payment to the claimant.

Article 19

Abolition of exequatur

A European order for payment which has become enforceable in the Member State of origin shall be recognised and enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition.

Article 20

Review in exceptional cases

1.   After the expiry of the time limit laid down in Article 16(2) the defendant shall be entitled to apply for a review of the European order for payment before the competent court in the Member State of origin where:

(a)	(i) the order for payment was served by one of the methods provided for in Article 14, and (ii) service was not effected in sufficient time to enable him to arrange for his defence, without any fault on his part, or

(b)	the defendant was prevented from objecting to the claim by reason of force majeure or due to extraordinary circumstances without any fault on his part,

provided in either case that he acts promptly.

2.   After expiry of the time limit laid down in Article 16(2) the defendant shall also be entitled to apply for a review of the European order for payment before the competent court in the Member State of origin where the order for payment was clearly wrongly issued, having regard to the requirements laid down in this Regulation, or due to other exceptional circumstances.

3.   If the court rejects the defendant's application on the basis that none of the grounds for review referred to in paragraphs 1 and 2 apply, the European order for payment shall remain in force.

If the court decides that the review is justified for one of the reasons laid down in paragraphs 1 and 2, the European order for payment shall be null and void.

Article 21

Enforcement

1.   Without prejudice to the provisions of this Regulation, enforcement procedures shall be governed by the law of the Member State of enforcement.

A European order for payment which has become enforceable shall be enforced under the same conditions as an enforceable decision issued in the Member State of enforcement.

2.   For enforcement in another Member State, the claimant shall provide the competent enforcement authorities of that Member State with:

(a)	a copy of the European order for payment, as declared enforceable by the court of origin, which satisfies the conditions necessary to establish its authenticity; and

(b)

where necessary, a translation of the European order for payment into the official language of the Member State of enforcement or, if there are several official languages in that Member State, the official language or one of the official languages of court proceedings of the place where enforcement is sought, in conformity with the law of that Member State, or into another language that the Member State of enforcement has indicated it can accept. Each Member State may indicate the official language or languages of the institutions of the European Union other than its own which it can accept for the European order for payment. The translation shall be certified by a person qualified to do so in one of the Member States.

3.   No security, bond or deposit, however described, shall be required of a claimant who in one Member State applies for enforcement of a European order for payment issued in another Member State on the ground that he is a foreign national or that he is not domiciled or resident in the Member State of enforcement.

Article 22

Refusal of enforcement

1.   Enforcement shall, upon application by the defendant, be refused by the competent court in the Member State of enforcement if the European order for payment is irreconcilable with an earlier decision or order previously given in any Member State or in a third country, provided that:

(a)	the earlier decision or order involved the same cause of action between the same parties; and

(b)	the earlier decision or order fulfils the conditions necessary for its recognition in the Member State of enforcement; and

(c)	the irreconcilability could not have been raised as an objection in the court proceedings in the Member State of origin.

2.   Enforcement shall, upon application, also be refused if and to the extent that the defendant has paid the claimant the amount awarded in the European order for payment.

3.   Under no circumstances may the European order for payment be reviewed as to its substance in the Member State of enforcement.

Article 23

Stay or limitation of enforcement

Where the defendant has applied for a review in accordance with Article 20, the competent court in the Member State of enforcement may, upon application by the defendant:

(a)	limit the enforcement proceedings to protective measures; or

(b)	make enforcement conditional on the provision of such security as it shall determine; or

(c)	under exceptional circumstances, stay the enforcement proceedings.

Article 24

Legal representation

Representation by a lawyer or another legal professional shall not be mandatory:

(a)	for the claimant in respect of the application for a European order for payment;

(b)	for the defendant in respect of the statement of opposition to a European order for payment.

Article 25

Court fees

1.   The combined court fees of a European order for payment procedure and of the ordinary civil proceedings that ensue in the event of a statement of opposition to a European order for payment in a Member State shall not exceed the court fees of ordinary civil proceedings without a preceding European order for payment procedure in that Member State.

2.   For the purposes of this Regulation, court fees shall comprise fees and charges to be paid to the court, the amount of which is fixed in accordance with national law.

Article 26

Relationship with national procedural law

All procedural issues not specifically dealt with in this Regulation shall be governed by national law.

Article 27

Relationship with Regulation (EC) No 1348/2000

This Regulation shall not affect the application of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil and commercial matters (8).

Article 28

Information relating to service costs and enforcement

Member States shall cooperate to provide the general public and professional circles with information on:

(a)	costs of service of documents; and

(b)	which authorities have competence with respect to enforcement for the purposes of applying Articles 21, 22 and 23,

in particular via the European Judicial Network in civil and commercial matters established in accordance with Council Decision 2001/470/EC of 28 May 2001 (9).

Article 29

Information relating to jurisdiction, review procedures, means of communication and languages

1.   By ... (10), Member States shall communicate to the Commission:

(a)	which courts have jurisdiction to issue a European order for payment;

(b)	the review procedure and the competent courts for the purposes of the application of Article 20;

(c)	the means of communication accepted for the purposes of the European order for payment procedure and available to the courts;

(d)	languages accepted pursuant to Article 21(2)(b).

Member States shall apprise the Commission of any subsequent changes to this information.

2.   The Commission shall make the information notified in accordance with paragraph 1 publicly available through publication in the Official Journal of the European Union and through any other appropriate means.

Article 30

Amendments to the Annexes

The standard forms set out in the Annexes shall be updated or technically adjusted, ensuring full conformity with the provisions of this Regulation, in accordance with the procedure referred to in Article 31(2).

Article 31

Committee

1.   The Commission shall be assisted by the committee established by Article 75 of Regulation (EC) No 44/2001.

2.   Where reference is made to this paragraph, Article 5a(1)-(4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 32

Review

By ... (11), the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a detailed report reviewing the operation of the European order for payment procedure. That report shall contain an assessment of the procedure as it has operated and an extended impact assessment for each Member State.

To that end, and in order to ensure that best practice in the European Union is duly taken into account and reflects the principles of better legislation, Member States shall provide the Commission with information relating to the cross-border operation of the European order for payment. This information shall cover court fees, speed of the procedure, efficiency, ease of use and the internal payment order procedures of the Member States.

The Commission's report shall be accompanied, if appropriate, by proposals for adaptation.

Article 33

Entry into force

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

It shall apply from ... (12), with the exception of Articles 28, 29, 30 and 31 which shall apply from ... (13).

---

(1)  OJ C 221, 8.9.2005, p. 77.

(2)  Position of the European Parliament of 13 December 2005 (not yet published in the Official Journal), Council Common Position of 30 June 2006 (not yet published in the Official Journal) and Position of the European Parliament of 25 October 2006.

(3)  OJ C 12, 15.1.2001, p. 1.

(4)  OJ L 124, 8.6.1971, p. 1.

(5)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(6)  OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 2245/2004 (OJ L 381, 28.12.2004, p. 10).

(7)  OJ L 13, 19.1.2000, p. 12.

(8)  OJ L 160, 30.6.2000, p. 37.

(9)  OJ L 174, 27.6.2001, p. 25.

(10)  18 months after the date of adoption of this Regulation.

(11)  Five years after the date of application of this Regulation.

(12)  24 months after the adoption of this Regulation.

(13)  18 months after the adoption of this Regulation.

P6_TA(2006)0441

‘Youth in Action’ programme (2007-2013) ***II

European Parliament legislative resolution on the Council common position for adopting a decision of the European Parliament and of the Council creating the ‘Youth in Action’ Programme for the period 2007-2013 (6236/3/2006 — C6-0273/2006 — 2004/0152(COD))

(Codecision procedure: second reading)

The European Parliament,

—	having regard to the Council common position (6236/3/2006 — C6-0273/2006),

—	having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0471) (2),

—	having regard to the amended Commission proposal (COM(2006)0228) (2),

—	having regard to Article 251(2) of the EC Treaty,

—	having regard to Rule 67 of its Rules of Procedure,

—	having regard to the recommendation for second reading of the Committee on Culture and Education (A6-0341/2006),

1.	Approves the common position;

2.	Notes that the act is adopted in accordance with the common position;

3.	Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

4.	Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

5.	Instructs its President to forward its position to the Council and Commission.

---

(1)  Texts Adopted, 25.10.2005, P6_TA(2005)0396.

(2)  Not yet published in OJ.

P6_TA(2006)0442

Action programme in the field of lifelong learning ***II

European Parliament legislative resolution on the Council common position for adopting a decision of the European Parliament and of the Council establishing an action programme in the field of lifelong learning (6237/3/2006 — C6-0274/2006 — 2004/0153(COD))

(Codecision procedure: second reading)

The European Parliament,

—	having regard to the Council common position (6237/3/2006 — C6-0274/2006),

—	having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0474) (2),

—	having regard to the amended Commission proposal (COM(2006)0236) (2),

—	having regard to Article 251(2) of the EC Treaty,

—	having regard to Rule 67 of its Rules of Procedure,

—	having regard to the recommendation for second reading of the Committee on Culture and Education (A6-0344/2006),

1.	Approves the common position;

2.	Notes that the act is adopted in accordance with the common position;

3.	Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

4.	Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

5.	Instructs its President to forward its position to the Council and Commission.

---

(1)  Texts Adopted, 25.10.2005, P6_TA(2005)0395.

(2)  Not yet published in OJ.

P6_TA(2006)0443

‘Europe for Citizens’ programme (2007-2013) ***II

European Parliament legislative resolution on the Council common position for adopting a decision of the European Parliament and of the Council establishing for the period 2007-2013 the programme ‘Europe for Citizens’ to promote active European citizenship (9575/1/2006 — C6-0316/2006 — 2005/0041(COD))

(Codecision procedure: second reading)

The European Parliament,

—	having regard to the Council common position (9575/1/2006 — C6-0316/2006),

—	having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0116) (2),

—	having regard to Article 251(2) of the EC Treaty,

—	having regard to Rule 62 of its Rules of Procedure,

—	having regard to the recommendation for second reading of the Committee on Culture and Education (A6-0342/2006),

1.	Approves the common position as amended;

2.	Instructs its President to forward its position to the Council and Commission.

---

(1)  Texts Adopted, 5.4.2006, P6_TA(2006)0127.

(2)  Not yet published in OJ.

P6_TC2-COD(2005)0041

Position of the European Parliament adopted at second reading on 25 October 2006 with a view to the adoption of European Parliament and Council Decision No .../2006/EC establishing for the period 2007-2013 the programme ‘Europe for Citizens’ to promote active European citizenship

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 151 and 308 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Having regard to the Opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

(1)	The Treaty establishes citizenship of the Union, which complements national citizenship of the respective Member States. It is an important element in strengthening and safeguarding the process of European integration.

(2)	The Community should make citizens fully aware of their European citizenship, its benefits as well as its rights and obligations, which are to be promoted with due regard for subsidiarity and in the interest of cohesion.

(3)

It is especially urgent to make European citizens fully aware of their citizenship of the European Union in the context of the broad reflection on the future of Europe launched by the Brussels European Council of 16 and 17 June 2005. The ‘Europe for Citizens’ programme should therefore complement, but not overlap with, other initiatives taken in this context.

(4)

For citizens to give their full support to European integration, greater emphasis should therefore be placed on their common values, history and culture as key elements of their membership of a society founded on the principles of freedom, democracy and respect for human rights, cultural diversity, tolerance and solidarity, in accordance with the Charter of Fundamental Rights of the European Union (4) proclaimed on 7 December 2000.

(5)	Encouraging active citizenship is a key element in strengthening not only the fight against racism, xenophobia and intolerance but also cohesion and the development of democracy.

(6)	In the context of the EU information and communication strategy, a broad dissemination and a high impact of the activities supported through the programme should be ensured.

(7)

In order to bring Europe closer to its citizens and to enable them to participate fully in the construction of an ever closer Europe, there is a need to address all nationals and legal residents in the participating countries and to involve them in transnational exchanges and cooperation activities, contributing to developing a sense of belonging to common European ideals.

(8)

The European Parliament, in a Resolution adopted in 1988, considered it desirable that a major effort be undertaken to step up contacts between citizens of different Member States and stated that specific support from the European Union for the development of twinning schemes between municipalities in different Member States was both rational and desirable.

(9)

The European Council has recognised on several occasions the need to bring the European Union and its institutions closer to the citizens of the Member States. It has encouraged the Union's institutions to maintain and foster open, transparent and regular dialogue with organised civil society, thus promoting citizens' participation in public life and in decision-making, while emphasising the essential values that are shared by the citizens of Europe.

(10)

The Council established in its Decision 2004/100/EC of 26 January 2004 establishing a Community action programme to promote active European citizenship (civic participation) (5), an action programme which has confirmed the need to promote sustained dialogue with civil society organisations and municipalities and to support the active involvement of citizens.

(11)	Citizens' projects with a transnational and cross-sectoral dimension are important tools to reach citizens and promote European awareness, European political integration, social inclusion and mutual understanding.

(12)

Civil society organisations at European, national, regional and local levels are important elements of citizens' active participation in society and help to invigorate all aspects of public life. They are also intermediaries between Europe and its citizens. Their transnational cooperation should therefore be promoted and encouraged.

(13)

European public policy research organisations can provide ideas and reflections to feed the debate at European level. It is therefore also advisable to support, as a link between the European institutions and the citizens, activities that reflect their commitment to creating a European identity and citizenship, by establishing procedures with transparent criteria to promote networks for information and exchange.

(14)

It is also worthwhile pursuing the action begun by the European Union in the context of Decision No 792/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level in the field of culture (6) for the preservation and commemoration of the main sites and archives associated with deportations. An awareness of the full dimensions and tragic consequences of the second world war may thus be maintained and universal remembrance promoted, as a means of moving beyond the past and building the future.

(15)

The Declaration on Sport adopted by the Nice European Council of 7-9 December 2000 noted that, ‘even though not having any direct powers in this area, the Community must, in its action under the various Treaty provisions, take account of the social, educational and cultural functions inherent in sport.’

(16)	Special attention should be paid to the balanced integration of citizens and civil society organisations from all Member States into transnational projects and activities.

(17)	The candidate countries and the EFTA countries party to the EEA Agreement are recognised as potential participants in Community programmes, in accordance with the agreements concluded with those countries.

(18)

The European Council of 19 and 20 June 2003 adopted the ‘Thessaloniki Agenda for the Western Balkans: Moving towards European integration’, which invited the Western Balkan countries to participate in Community programmes and agencies; therefore, the Western Balkans countries should be recognised as potential participants in Community programmes.

(19)	The programme should be monitored regularly and evaluated independently in cooperation with the Commission and the Member States in order to allow for the readjustments which are necessary if the measures are to be properly implemented.

(20)	The procedures for monitoring and evaluating the programme should make use of objectives and indicators which are specific, measurable, achievable, relevant and timed.

(21)

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7) (hereinafter ‘the Financial Regulation’) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) 1605/2002 (8), which safeguard the Community's financial interests, have to be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

(22)	Appropriate measures should also be taken to prevent irregularities and fraud and to recover funds lost or incorrectly paid or used.

(23)

Following the principle of sound financial management, the implementation of the programme may be simplified by recourse to lump sum funding, in respect either of support awarded to programme participants or of Community support for the structures established at national level for the administration of the programme.

(24)

This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (9), for the budgetary authority during the annual budgetary procedure.

(25)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the transnational and multilateral nature of the programme's actions and measures, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

(26)	The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10).

(27)	Transitional measures to monitor actions started before 31 December 2006 should be adopted, pursuant to Decision 2004/100/EC,

HAVE DECIDED AS FOLLOWS:

Article 1

Subject matter and scope of the programme

1.   This Decision establishes the programme ‘Europe for Citizens’ (hereinafter referred to as ‘the programme’) for the period from 1 January 2007 to 31 December 2013.

2.   The programme shall contribute to the following general objectives:

(a)	giving citizens the opportunity to interact and participate in constructing an ever closer Europe, which is democratic and world-oriented, united in and enriched through its cultural diversity, thus developing citizenship of the European Union;

(b)	developing a sense of European identity, based on common values, history and culture;

(c)	fostering a sense of ownership of the European Union among its citizens;

(d)	enhancing tolerance and mutual understanding between European citizens respecting and promoting cultural and linguistic diversity, while contributing to intercultural dialogue.

Article 2

Specific objectives of the programme

The programme shall have the following specific objectives in line with the fundamental goals of the Treaty, which shall be implemented on a transnational basis:

(a)	bringing together people from local communities across Europe to share and exchange experiences, opinions and values, to learn from history and to build for the future;

(b)	fostering action, debate and reflection related to European citizenship and democracy, shared values, common history and culture through cooperation within civil society organisations at European level;

(c)	bringing Europe closer to its citizens by promoting Europe's values and achievements, while preserving the memory of its past;

(d)

encouraging interaction between citizens and civil society organisations from all participating countries, contributing to intercultural dialogue and bringing to the fore both Europe's diversity and unity, with particular attention to activities aimed at developing closer ties between citizens from Member States of the European Union as constituted on 30 April 2004 and those from Member States which have acceded since that date.

Article 3

Actions

1.   The objectives of the programme shall be pursued through support for the following actions, details of which may be found in Part I of the Annex:

(a)	Active citizens for Europe, consisting of: — town twinning, — citizens' projects and support measures;

(b)	Active civil society in Europe, consisting of: — structural support for European public policy research organisations (think-tanks), — structural support for civil society organisations at European level, — support for projects initiated by civil society organisations;

(c)	Together for Europe, consisting of: — high visibility events, such as commemorations, awards, artistic events, European-wide conferences, — studies, surveys and opinion polls, — information and dissemination tools;

(d)	Active European Remembrance, consisting of: — preservation of the main sites and archives associated with the deportations and the commemoration of the victims.

2.   In each action, priority may be given to the balanced integration of citizens and civil society organisations from all Member States, as provided for in the specific objective set out in Article 2(d).

Article 4

Forms of Community measures

1.   Community measures may take the form of grants or public procurement contracts.

2.   Community grants may be provided through specific forms such as operating grants, action grants, scholarships, prizes.

3.   Public procurement contracts will cover the purchase of services, such as for organising events, studies and research, information and dissemination tools, monitoring and evaluation.

4.   To be eligible for a Community grant, the beneficiaries must satisfy the requirements set out in Part II of the Annex.

Article 5

Participation in the programme

The programme shall be open to the participation of the following countries, hereinafter referred to as the ‘participating countries’:

(a)	the Member States;

(b)	the EFTA countries party to the EEA Agreement, in accordance with the provisions of that Agreement;

(c)	the candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and the general terms and conditions laid down in the framework agreements concluded with these countries for their participation in Community programmes;

(d)	the countries of the western Balkans, in accordance with the arrangements to be established with these countries under the framework agreements on the general principles for their participation in Community programmes.

Article 6

Access to the programme

The programme shall be open to all stakeholders promoting active European citizenship, in particular local authorities and organisations, European public policy research organisations (think-tanks), citizens' groups and other civil society organisations.

Article 7

Cooperation with international organisations

The programme may cover joint and innovative activities in the field of active European citizenship, with relevant international organisations such as the Council of Europe and Unesco, on the basis of joint contributions and in accordance with the Financial Regulation and various rules of each institution or organisation.

Article 8

Implementing measures

1.   The Commission shall adopt the measures necessary for the implementation of the programme in accordance with the provisions of the Annex.

2.   The following measures shall be adopted in accordance with the procedure referred to in Article 9(2):

(a)	the arrangements for the implementation of the programme, including the annual work plan, the selection criteria and the selection procedures;

(b)	the general balance between the various actions of the programme;

(c)	the procedures for monitoring and evaluating the programme;

(d)	the financial support (amount, duration, distribution and beneficiaries) provided by the Community in relation to all operating grants, multi-annual twinning agreements under Action 1 and high visibility events under Action 3.

3.   All other measures necessary for the implementation of the programme shall be adopted in accordance with the procedure referred to in Article 9(3).

4.   As part of the procedure mentioned in paragraph 2, the Commission may draw up guidelines for each of the actions in the Annex in order to adapt the programme to any changes of priority in the field of active European citizenship.

Article 9

Committee

1.   The Commission shall be assisted by a committee.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

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 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   The committee shall adopt its rules of procedure.

Article 10

Coherence with other Community and European Union instruments

1.   The Commission shall ensure coherence and complementarity between the programme and instruments in other areas of Community action, especially education, vocational training, culture, youth, sport, the environment, the audiovisual sector and the media, fundamental rights and freedoms, social inclusion, gender equality, combating all forms of discrimination, racism and xenophobia, scientific research, information society and Community external action, in particular at the level of European Neighbourhood policy.

2.   The programme may share resources with other Community and European Union instruments in order to implement actions meeting the objectives of both the programme and these other instruments.

Article 11

The financial envelope

1.   The financial envelope for the implementation of the programme for the period referred to in Article 1 is hereby set at EUR 190 million (11).

2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

Article 12

Financial provisions

1.   Financial aid shall take the form of grants to legal persons. Depending on the nature of the action and the objective pursued, grants may also be awarded to natural persons.

2.   The Commission may award prizes to natural or legal persons for actions or projects implemented under the programme.

3.   In accordance with Article 181 of Regulation (EC, Euratom) No 2342/2002, and depending on the nature of the action, flat-rate financing and/or the application of unit-cost rates may be authorised.

4.   Co-financing in kind may be permitted.

5.   The Commission may decide, in view of the characteristics of the beneficiaries and the nature of the actions, to exempt beneficiaries from verification of the professional competencies and qualifications required to complete the proposed action or work programme.

6.   The amount of information to be provided by the beneficiary may be limited in the case of small grants.

7.   In specific cases such as the award of a small grant, the beneficiary need not be required to demonstrate its financial capacity to perform the planned project or the work programme.

8.   Operating grants awarded under the programme to bodies pursuing an aim of general European interest, as defined in Article 162 of Regulation (EC, Euratom) No 2342/2002, shall not be automatically decreased in the event of renewal.

Article 13

Protection of the Community's financial interests

1.   The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (12), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (13) and with Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (14).

2.   For the Community actions financed under the programme, the notion of irregularity referred to in Article 1(2) of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the Union or budgets managed by the Communities, by an unjustified item of expenditure.

3.   The Commission shall reduce, suspend or recover the amount of financial assistance granted for an action if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having being sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.

4.   If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall request the beneficiary to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission may cancel the remaining financial assistance and demand repayment of sums already paid.

5.   Any undue payment shall be repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.

Article 14

Monitoring and evaluation

1.   The Commission shall ensure regular monitoring of the programme. The results of the monitoring and evaluation process shall be utilised in implementing the programme. Monitoring shall include in particular the drawing up of the reports referred to in paragraph 3 points (a) and (c).

The specific objectives may be revised in accordance with Article 251 of the Treaty.

2.   The Commission shall ensure regular, external and independent evaluation of the programme and shall report to the European Parliament on a regular basis.

3.   The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

(a)	an interim evaluation report on the results obtained and on the qualitative and quantitative aspects of the implementation of the programme no later than 31 December 2010;

(b)	a communication on the continuation of the programme no later than 31 December 2011;

(c)	an ex-post evaluation report no later than 31 December 2015.

Article 15

Transitional provision

Actions started before 31 December 2006 pursuant to Decision 2004/100/EC shall continue to be governed, until their completion, by that Decision.

As provided for by Article 18 of the Financial Regulation, the appropriations corresponding to assigned revenue arising from the repayment of amounts wrongly paid pursuant to Decision 2004/100/EC may be made available to the Programme.

Article 16

Entry into force

This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007.

---

(1)  OJ C 28, 3.2.2006, p. 29.

(2)  OJ C 115, 16.5.2006, p. 81.

(3)  Position of the European Parliament of 5 April 2006 (not yet published in the Official Journal), Council Common Position of 25 September 2006 (not yet published in the Official Journal) and Position of the European Parliament of 25 October 2006 (not yet published in the Official Journal).

(4)  OJ C 364, 18.12.2000, p. 1.

(5)  OJ L 30, 4.2.2004, p. 6.

(6)  OJ L 138, 30.4.2004, p. 40.

(7)  OJ L 248, 16.9.2002, p. 1.

(8)  OJ L 357, 31.12.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

(9)  OJ C 139, 14.6.2006, p. 1.

(10)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11.

(11)  This amount is based on 2004 figures and shall be subject to technical adjustment to take account of inflation.

(12)  OJ L 312, 23.12.1995, p. 1.

(13)  OJ L 292, 15.11.1996, p. 2.

(14)  OJ L 136, 31.5.1999, p. 1.

P6_TA(2006)0444

Restrictions on the marketing and use of perfluorooctane sulfonates ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council relating to restrictions on the marketing and use of perfluorooctane sulfonates (amendment of Council Directive 76/769/EEC) (COM(2005)0618 — C6-0418/2005 — 2005/0244(COD))

(Codecision procedure: first reading)

The European Parliament,

—	having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0618) (1),

—	having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0418/2005),

—	having regard to Rule 51 of its Rules of Procedure,

—	having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0251/2006),

1.	Approves the Commission proposal as amended;

2.	Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.	Instructs its President to forward its position to the Council and the Commission.

---

(1)  Not yet published in OJ.

P6_TC1-COD(2005)0244

Position of the European Parliament adopted at first reading on 25 October 2006 with a view to the adoption of Directive 2006/.../EC of the European Parliament and of the Council amending for the 30th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (perfluorooctane sulfonates)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1)

An OECD (Organisation for Economic Cooperation and Development) hazard assessment has been done on the basis of information that was available by July 2002. This assessment concluded that perfluorooctane sulfonates (hereinafter ‘PFOS’) are persistent, bioaccumulative and toxic to mammalian species and, therefore, indicate cause for concern.

(2)

The risks posed to health and environment by PFOS have been assessed in accordance with the principles of Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (3). The risk assessment identified a need to reduce the risks to health and the environment.

(3)

The Scientific Committee on Health and Environmental Risks (hereinafter ‘SCHER’) has been consulted. SCHER concluded that PFOS fulfil the criteria for classification as very persistent, very bioaccumulative and toxic. PFOS also have a potential for long range environmental transport and have the potential to produce adverse effects and therefore fulfil the criteria for being considered as persistent organic pollutants (POPs) under the Stockholm Convention (4). SCHER identified a need for further scientific risk assessment of PFOS but it also agreed that risk reduction measures might be necessary to avoid the re-occurrence of former uses. According to SCHER, on-going critical uses in the aviation industry, the semiconductor industry and the photographic industry do not appear to pose a relevant risk to the environment or human health, if releases into the environment and workplace exposure are minimised. With regard to fire-fighting foams, SCHER agrees that health and environmental risks of substitutes should be assessed before a final decision can be taken. SCHER also agrees with restricting the use of PFOS in the plating industry, if there are no other measures available that could be applied to reduce the emissions during metal plating to a significantly lower level.

(4)

In order to protect health and the environment, it therefore appears necessary that the placing on the market and the use of PFOS should be restricted. This Directive is intended to cover the major part of the exposure risks. Other minor uses of PFOS do not seem to pose a risk and they are therefore currently exempted. However, special attention should be given to plating processes using PFOS and therefore the releases from those processes need to be minimised by applying the best available techniques (hereinafter ‘BAT’) fully taking into account all relevant information contained in the BAT reference document on Surface Treatment of Metals and Plastics as developed for use under Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (5) (IPPC Directive). In addition, Member States should establish inventories of those uses in order to acquire information about the actual quantities used and released.

(5)

The semi-finished products and articles containing PFOS should also be restricted in order to protect the environment. The restriction should cover all the products and articles to which PFOS are intentionally added, taking into account that PFOS may have been used only in some distinct parts or in coatings of certain products and articles, such as textiles. This Directive should only restrict new products and should not apply to products already in use or on the second hand market. However, existing stocks of fire-fighting foams containing PFOS should be identified and their use should be allowed to continue only for a limited time to prevent possible further emissions from the use of such products.

(6)

To ensure ultimately the phase-out of uses of PFOS the Commission should review each derogation under this Directive when new information on the uses and safer alternatives developed gives grounds for it. The derogation should only be allowed to continue for essential uses on the condition that safer substances or technologies, that are technically and economically feasible, do not exist and BAT are applied to minimise emissions of PFOS.

(7)

Perfluorooctanoic acid (PFOA) and its salts are suspected to have a similar risk profile to PFOS, and consequently there is a need to keep under review the ongoing risk assessment activities and the availability of safer alternatives and to define what kind of risk reduction measures, including restrictions on marketing and use, if appropriate, should be applied within the European Union.

(8)	Directive 76/769/EEC (6) should be amended accordingly.

(9)	The objective of this Directive is to introduce harmonised provisions with regard to PFOS, thus preserving the internal market whilst ensuring a high level of protection of human health and the environment, as required by Article 95 of the Treaty.

(10)

This Directive is without prejudice to the Community legislation laying down minimum requirements for the protection of workers, such as Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (7), and individual directives based thereon, in particular Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codified version) (8) and Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/ EEC) (9),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 76/769/EEC is hereby amended as set out in the Annex to this Directive.

Article 2

1.   Member States shall adopt and publish, not later than ... (10), the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures and a table showing the correlation between those measures and this Directive.

They shall apply these measures from ... (11).

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

---

(1)  OJ C 195, 18.8.2006, p. 10.

(2)  Position of the European Parliament of 25 October 2006.

(3)  OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(4)  Council Decision 2006/507/EC of 14 October 2004 concerning the conclusion, on behalf of the European Community, of the Stockholm Convention on Persistent Organic Pollutants (OJ L 209, 31.7.2006, p. 1).

(5)  OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1).

(6)  OJ L 262, 27.9.1976, p. 201. Directive as last amended by Directive 2005/90/EC of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 28).

(7)  OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC) No 1882/2003.

(8)  OJ L 158, 30.4.2004, p. 50. Corrigendum in OJ L 229, 29.6.2004, p. 23.

(9)  OJ L 131, 5.5.1998, p. 11. Directive as amended by the 2003 Act of Accession.

(10)  One year after the date of entry into force of this Directive.

(11)  18 months after the date of entry into force of this Directive.

P6_TA(2006)0445

Establishment, operation and use of SIS II (regulation) ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the establishment, operation and use of the second generation Schengen information system (SIS II) (COM(2005)0236 — C6-0174/2005 — 2005/0106(COD))

(Codecision procedure: first reading)

The European Parliament,

—	having regard to the Commission proposal to the European Parliament and the Council (COM(2005) 0236) (1),

—	having regard to Article 251(2) and Articles 62(2)(a) and 66 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0174/2005),

—	having regard to Rule 51 of its Rules of Procedure,

—	having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0355/2006),

1.	Approves the Commission proposal as amended;

2.	Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.	Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

P6_TC1-COD(2005)0106

Position of the European Parliament adopted at first reading on 25 October 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and Council on the establishment, operation and use of the second generation Schengen information system (SIS II)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 62(2)(a), 63(3) (b) and 66 thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),

Whereas:

(1)

The Schengen Information System (‘SIS’) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (2) (the ‘Schengen Convention’), and its development, SIS 1+, constitute an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union.

(2)

The development of the second generation of SIS (‘SIS II’) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 (3) and Council Decision 2001/886/JHA (4) of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS as created pursuant to the Schengen Convention.

(3)

This Regulation constitutes the necessary legislative basis for governing SIS II in respect of matters falling within the scope of the Treaty establishing the European Community (the ‘Treaty’). Council Decision 2006/.../JHA of ... on the establishment, operation and use of the second generation Schengen Information System (SIS II) (5) constitutes the necessary legislative basis for governing SIS II in respect of matters falling within the scope of the Treaty on European Union.

(4)	The fact that the legislative basis necessary for governing SIS II consists of separate instruments does not affect the principle that SIS II constitutes one single information system that should operate as such. Certain provisions of these instruments should therefore be identical.

(5)

SIS II should constitute a compensatory measure contributing to maintaining a high level of security within the area of freedom, security and justice of the European Union by supporting the implementation of policies linked to the movement of persons that are part of the Schengen acquis, as integrated into Title IV of Part Three of the Treaty.

(6)

It is necessary to specify the objectives of SIS II, its technical architecture and financing, to lay down rules concerning its operation and use and to define responsibilities, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data, the interlinking of alerts and further rules on data processing and the protection of personal data.

(7)	SIS II is to include a central system (Central SIS II) and national applications. The expenditure involved in the operation of Central SIS II and related communication infrastructure should be charged to the general budget of the European Union.

(8)	It is necessary to establish a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts. National authorities in each Member State should ensure the exchange of this information.

(9)

For a transitional period, the Commission should be responsible for the operational management of Central SIS II and of parts of the communication infrastructure. However, in order to ensure a smooth transition to SIS II, it may delegate some or all of these responsibilities to two national public sector bodies. In the long term, and following an impact assessment containing a substantive analysis of alternatives from a financial, operational and organisational perspective, and legislative proposals from the Commission, a management authority with responsibility for these tasks should be established. The transitional period should last for no more than five years from the date from which this Regulation applies.

(10)

SIS II is to contain alerts for the purpose of refusing entry or stay. It is necessary to further consider harmonising the provisions on the grounds for issuing alerts concerning third-country nationals for the purpose of refusing entry or stay and to clarifying their use in the framework of asylum, immigration and return policies. Therefore, the Commission should review, three years after the date from which this Regulation applies, the provisions on the objectives of and conditions for issuing alerts for the purpose of refusing entry or stay.

(11)

Alerts for the purpose of refusing entry or stay should not be kept longer in SIS II than the time required to fulfil the purposes for which they were supplied. As a general principle, they should be automatically erased from SIS II after a period of three years. Any decision to keep an alert for a longer period should be based on a comprehensive individual assessment. Member States should review these alerts within this three-year period and keep statistics about the number of alerts the retention period of which has been extended.

(12)

SIS II should permit the processing of biometric data in order to assist in the reliable identification of the individuals concerned. In the same perspective SIS II should also allow for the processing of data concerning individuals whose identity has been misused in order to avoid inconveniences caused by their misidentification, subject to suitable safeguards, in particular the consent of the individual concerned and a strict limitation of the purposes for which such data can be lawfully processed.

(13)	It should be possible for Member States to establish links between alerts in SIS II. The establishment by a Member State of links between two or more alerts should have no impact on the action to be taken, their retention period or the access rights to the alerts.

(14)	Data processed in SIS II in application of this Regulation should not be transferred or made available to third countries or to international organisations.

(15)

Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6) applies to the processing of personal data carried out in application of this Regulation. This includes the designation of the controller and the possibility for Member States to provide for exemptions and restrictions to some of the rights and obligations provided for in that Directive including the rights of access and information of the individual concerned. The principles set out in Directive 95/46/EC should be supplemented or clarified in this Regulation, where necessary.

(16)

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7), and in particular the provisions thereof concerning confidentiality and security of processing, apply to the processing of personal data by the Community institutions or bodies when carrying out their responsibilities in the operational management of SIS II. The principles set out in Regulation (EC) No 45/2001 should be supplemented or clarified in this Regulation, where necessary.

(17)

Insofar as confidentiality is concerned, the relevant provisions of the Staff Regulations of Officials of the European Communities and the conditions of employment of other servants of the European Communities should apply to officials or other servants employed and working in connection with SIS II.

(18)

It is appropriate that national supervisory authorities monitor the lawfulness of the processing of personal data by the Member States, whilst the European Data Protection Supervisor, appointed pursuant to Decision 2004/55/EC of the European Parliament and of the Council of 22 December 2003 appointing the independent supervisory body provided for in Article 286 of the EC Treaty (8), should monitor the activities of the Community institutions and bodies in relation to the processing of personal data in view of the limited tasks of the Community institutions and bodies with regard to the data themselves.

(19)	Both the Member States and the Commission should draw up a security plan in order to facilitate the implementation of security obligations and should cooperate with each other in order to address security issues from a common perspective.

(20)

In order to ensure transparency, a report on the technical functioning of Central SIS II and the communication infrastructure, including its security, and on the exchange of supplementary information should be produced every two years by the Commission or, when it is established, the management authority. An overall evaluation should be issued by the Commission every four years.

(21)

Certain aspects of SIS II, such as technical rules on entering data, including data required for entering an alert, updating, deleting and searching data, rules on compatibility and priority of alerts, links between alerts and the exchange of supplementary information cannot, owing to their technical nature, level of detail and need for regular updating, be covered exhaustively by the provisions of this Regulation. Implementing powers in respect of those aspects should therefore be delegated to the Commission. Technical rules on searching alerts should take into account the smooth operation of national applications. Subject to an impact assessment by the Commission, it should be decided to what extent the implementing measures could be the responsibility of the management authority, once it is set up.

(22)	The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9).

(23)

It is appropriate to lay down transitional provisions in respect of alerts issued in SIS 1+ which are to be transferred to SIS II. Some provisions of the Schengen acquis should continue to apply for a limited period of time until the Member States have examined the compatibility of those alerts with the new legal framework. The compatibility of alerts on persons should be examined as a matter of priority. Furthermore, any modification, addition, correction or update of an alert transferred from SIS 1+ to SIS II, as well as any hit on such an alert, should trigger an immediate examination of its compatibility with the provisions of this Regulation.

(24)	It is necessary to lay down specific provisions regarding the part of the budget earmarked for operations of SIS which is not part of the general budget of the European Union.

(25)

Since the objectives of the action to be taken, namely the establishment and regulation of a joint information system, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives.

(26)	This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

(27)

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, Denmark shall, in accordance with Article 5 of the said Protocol, decide within a period of six months after date of the adoption of this Regulation whether it will transpose it in its national law.

(28)

This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with 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 (10). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

(29)

This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with 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 (11). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

(30)	This Regulation is without prejudice to the arrangements for the United Kingdom's and Ireland's partial participation in the Schengen acquis as defined in Decision 2000/365/EC and Decision 2002/192/EC respectively.

(31)

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 (12), which fall within the area referred to in Article 1, point G, of Council Decision 1999/437/EC of 17 May 1999 (13) on certain arrangements for the application of that Agreement.

(32)

An arrangement should be made to allow representatives of Iceland and Norway to be associated with the work of committees assisting the Commission in the exercise of its implementing powers. Such an arrangement has been contemplated in the Exchanges of Letters between the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning committees which assist the European Commission in the exercise of its executive powers (14), annexed to the abovementioned Agreement.

(33)

As regards Switzerland, this Regulation constitutes a development of 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 Decision 1999/437/EC read in conjunction with Article 4 (1) of Council Decisions 2004/849/EC (15) and 2004/860/EC (16).

(34)

An arrangement should be made to allow representatives of Switzerland to be associated with the work of committees assisting the Commission in the exercise of its implementing powers. Such an arrangement has been contemplated in the Exchange of Letters between the Community and Switzerland, annexed to the abovementioned Agreement.

(35)	This Regulation constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession.

(36)	This Regulation should apply to the United Kingdom and Ireland on dates determined in accordance with the procedures set out in the relevant instruments concerning the application of the Schengen acquis to those States,

HAVE ADOPTED THIS REGULATION:

Chapter I

General provisions

Article 1

Establishment and general purpose of SIS II

1.   A second generation Schengen Information System (‘SIS II’) is hereby established.

2.   The purpose of SIS II shall be, in accordance with this Regulation, to ensure a high level of security within the area of freedom, security and justice of the European Union, including the maintenance of public security and public policy and the safeguarding of security in the territories of the Member States, and to apply the provisions of Title IV of Part Three of the Treaty relating to the movement of persons in their territories, using information communicated via this system.

Article 2

Scope

1.   This Regulation establishes the conditions and procedures for the entry and processing in SIS II of alerts in respect of third-country nationals, the exchange of supplementary information and additional data for the purpose of refusing entry into, or a stay in, a Member State.

2.   This Regulation also lays down provisions on the technical architecture of SIS II, the responsibilities of the Member States and of the management authority referred to in Article 15, general data processing, the rights of the persons concerned and liability.

Article 3

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a)	‘alert’ means a set of data entered in SIS II allowing the competent authorities to identify a person with a view to taking specific action;

(b)

‘supplementary information’ means information not stored in SIS II, but connected to SIS II alerts, which is to be exchanged: (i) in order to allow Member States to consult or inform each other when entering an alert; (ii) following a hit, in order to allow the appropriate action to be taken; (iii) when the required action cannot be taken; (iv) when dealing with the quality of SIS II data; (v) when dealing with the compatibility and priority of alerts; (vi) when dealing with rights of access;

(c)	‘additional data’ means the data stored in SIS II and connected with SIS II alerts which are to be immediately available to the competent authorities where a person in respect of whom data has been entered in SIS II is located as a result of searches made therein;

(d)

‘third-country national’ means any individual who is neither: (i) a citizen of the European Union within the meaning of Article 17(1) of the Treaty; nor (ii) a national of a third country who, under agreements between the Community and its Member States on the one hand, and these countries, on the other, enjoys rights of free movement equivalent to those of citizens of the European Union;

(e)	‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable person is one who can be identified, directly or indirectly;

(f)

‘processing of personal data’ (‘processing’) means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

Article 4

Technical architecture and ways of operating SIS II

1.   SIS II shall be composed of:

(a)	a central system (‘Central SIS II’) composed of: — a technical support function (‘CS-SIS’) containing a database, the ‘SIS II database’; — a uniform national interface (‘NI-SIS’);

(b)	a national system (the ‘N.SIS II’) in each of the Member States, consisting of the national data systems which communicate with Central SIS II. An N.SIS II may contain a data file (a ‘national copy’), containing a complete or partial copy of the SIS II database;

(c)	a communication infrastructure between CS-SIS and NI-SIS (the ‘Communication Infrastructure’) that provides an encrypted virtual network dedicated to SIS II data and the exchange of data between Sirene Bureaux as referred to in Article 7(2).

2.   SIS II data shall be entered, updated, deleted and searched via the various N.SIS II systems. A national copy shall be available for the purpose of carrying out automated searches in the territory of each of the Member States using such a copy. It shall not be possible to search the data files of other Member States' N.SIS II.

3.   CS-SIS, which performs technical supervision and administration functions, shall be located in Strasbourg (France) and a backup CS-SIS, capable of ensuring all functionalities of the principal CS-SIS in the event of failure of this system, shall be located in Sankt Johann im Pongau (Austria).

4.   CS-SIS shall provide the services necessary for the entry and processing of SIS II data, including searches in the SIS II database. For the Member States which use a national copy, CS-SIS shall:

(a)	provide the on-line update of the national copies;

(b)	ensure the synchronisation of and consistency between the national copies and the SIS II database;

(c)	provide the operations for initialisation and restoration of the national copies.

Article 5

Costs

1.   The costs of setting up, operating and maintaining Central SIS II and the Communication Infrastructure shall be borne by the general budget of the European Union.

2.   These costs shall include work done with respect to CS-SIS that ensures the provision of the services referred to in Article 4(4).

3.   The costs of setting up, operating and maintaining each N.SIS II shall be borne by the Member State concerned.

Chapter II

Responsibilities of the Member States

Article 6

National systems

Each Member State shall be responsible for setting up, operating and maintaining its N.SIS II and connecting its N.SIS II to NI-SIS.

Article 7

SIS II Office and Sirene Bureau

1.   Each Member State shall designate an authority (the ‘N.SIS II Office’), which shall have central responsibility for its N.SIS II. That authority shall be responsible for the smooth operation and security of the N. SIS II, shall ensure the access of the competent authorities to SIS II and shall take the necessary measures to ensure compliance with the provisions of this Regulation. Each Member State shall transmit its alerts via its N.SIS II Office.

2.   Each Member State shall designate the authority which shall ensure the exchange of all supplementary information (the ‘Sirene Bureau’) in accordance with the provisions of the Sirene Manual, as referred to in Article 8.

Those Bureaux shall also coordinate the verification of the quality of the information entered in the SIS II. For those purposes, they shall have access to the data processed in SIS II.

3.   The Member States shall inform the management authority of their N.SIS II Office and of their Sirene Bureau. The management authority shall publish the list of them together with the list referred to in Article 31(8).

Article 8

Exchange of supplementary information

1.   Supplementary information shall be exchanged in accordance with the provisions of the ‘Sirene Manual’ and using the communication infrastructure. Should the communication infrastructure be unavailable, Member States may use other adequately secured technical means for exchanging supplementary information.

2.   Supplementary information shall be used only for the purpose for which it was transmitted.

3.   Requests for supplementary information made by a Member State shall be answered as soon as possible.

4.   Detailed rules for the exchange of supplementary information shall be adopted in accordance with the procedure referred to in Article 51(2) in the form of the Sirene Manual, without prejudice to the provisions of the instrument setting up the management authority.

Article 9

Technical compliance

1.   To ensure the prompt and effective transmission of data, each Member State shall observe, when setting up its N.SIS II, the protocols and technical procedures established to ensure the compatibility of its N.SIS II with CS-SIS. Those protocols and technical procedures shall be established in accordance with the procedure referred to in Article 51(2), without prejudice to the provisions of the instrument setting up the management authority.

2.   If a Member State uses a national copy it shall ensure, by means of the services provided by CS-SIS, that data stored in the national copy are, by means of the automatic updates referred to in Article 4(4), identical to and consistent with the SIS II database, and that a search in its national copy produces a result equivalent to that of a search in the SIS II database.

Article 10

Security — Member States

1.   Each Member State shall, in relation to its N.SIS II, adopt the necessary measures, including a security plan, in order to:

(a)	physically protect data, including by making contingency plans for the protection of critical infrastructure;

(b)	deny unauthorised persons access to data-processing facilities used for processing personal data (facilities access control);

(c)	prevent the unauthorised reading, copying, modification or removal of data media (data media control);

(d)	prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control);

(e)	prevent the use of automated data-processing systems by unauthorised persons using data communication equipment (user control);

(f)	ensure that persons authorised to use an automated data-processing system have access only to the data covered by their access authorisation, by means of individual and unique user identities and confidential access modes only (data access control);

(g)

ensure that all authorities with a right of access to SIS II or to the data processing facilities create profiles describing the functions and responsibilities of persons who are authorised to access, enter, update, delete and search the data and make these profiles available to the national supervisory authorities referred to in Article 44(1) without delay upon their request (personnel profiles);

(h)	ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control);

(i)	ensure that it is subsequently possible to verify and establish which personal data have been input into automated data-processing systems, when, by whom and for what purpose the data were input (input control);

(j)	prevent the unauthorised reading, copying, modification or deletion of personal data during transfers of personal data or during transportation of data media, in particular by means of appropriate encryption techniques (transport control);

(k)	monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation (selfauditing).

2.   Member States shall take measures equivalent to those referred to in paragraph 1 as regards security in respect of the exchange of supplementary information.

Article 11

Confidentiality — Member States

Each Member State shall apply its rules of professional secrecy or other equivalent duties of confidentiality to all persons and bodies required to work with SIS II data and supplementary information, in accordance with its national legislation. This obligation shall also apply after those people leave office or employment or after the termination of the activities of those bodies.

Article 12

Keeping of records at national level

1.   Member States not using national copies shall ensure that every access to and all exchanges of personal data within CS-SIS are recorded in their N.SIS II for the purposes of checking whether or not a search is lawful, monitoring the lawfulness of data processing, self-monitoring and ensuring the proper functioning of N.SIS II, data integrity and security.

2.   Member States using national copies shall ensure that every access to and all exchanges of SIS II data are recorded for the purposes mentioned in paragraph 1. This does not apply to the processes referred to in Article 4(4).

3.   The records shall show, in particular, the history of the alerts, the date and time of the data transmission, the data used to perform a search, a reference to the data transmitted and the name of both the competent authority and the person responsible for processing the data.

4.   The records may be used only for the purpose mentioned in paragraph 1 and 2 and shall be deleted at the earliest one year, and at the latest three years, after their creation. The records which include the history of alerts shall be erased one to three years after deletion of the alerts.

5.   Records may be kept longer if they are required for monitoring procedures that are already under way.

6.   The competent national authorities in charge of checking whether or not searches are lawful, monitoring the lawfulness of data processing, self-monitoring and ensuring the proper functioning of N.SIS II, data integrity and security, shall have access, within the limits of their competence and at their request, to these records for the purpose of fulfilling their duties.

Article 13

Self-monitoring

Member States shall ensure that each authority entitled to access SIS II data takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the national supervisory authority.

Article 14

Staff training

Before being authorised to process data stored in SIS II, the staff of the authorities having a right to access SIS II shall receive appropriate training about data-security and data-protection rules and shall be informed of any relevant criminal offences and penalties.

Chapter III

Responsibilities of the management authority

Article 15

Operational management

1.   After a transitional period, a management authority (the ‘Management Authority’), funded from thegeneral budget of the European Union, shall be responsible for the operational management of Central SIS II. The Management Authority shall ensure, in cooperation with the Member States, that at all times the best available technology, subject to a cost-benefit analysis, is used for Central SIS II.

2.   The Management Authority shall also be responsible for the following tasks relating to the Communication Infrastructure:

(a)	supervision;

(b)

security;

(c)	the coordination of relations between the Member States and the provider.

3.   The Commission shall be responsible for all other tasks relating to the Communication Infrastructure, in particular:

(a)	tasks relating to implementation of the budget;

(b)	acquisition and renewal;

(c)	contractual matters.

4.   During a transitional period before the Management Authority takes up its responsibilities, the Commission shall be responsible for the operational management of Central SIS II. The Commission may delegate that task and tasks relating to implementation of the budget, in accordance with the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (17), to national public-sector bodies, in two different countries.

5.   Each national public-sector body referred to in paragraph 4 shall meet the following selection criteria:

(a)	it must demonstrate that it has lengthy experience in operating a large-scale information system with the functionalities referred to in Article 4(4);

(b)	it must have considerable expertise in the service and security requirements of an information system with functionalities comparable to those referred to in Article 4(4);

(c)	it must have sufficient and experienced staff with the appropriate professional expertise and linguistic skills to work in an international cooperation environment such as that required by SIS II;

(d)	it must have a secure and custom-built facility infrastructure able, in particular, to back-up and guarantee the continuous functioning of large-scale IT systems; and

(e)	its administrative environment must allow it to implement its tasks properly and avoid any conflict of interests.

6.   Prior to any delegation as referred to in paragraph 4 and at regular intervals thereafter, the Commission shall inform the European Parliament and the Council of the terms of the delegation, its precise scope, and the bodies to which tasks are delegated.

7.   Where the Commission delegates its responsibility during the transitional period pursuant to paragraph 4, it shall ensure that this delegation fully respects the limits set by the institutional system laid out in the Treaty. It shall ensure, in particular, that this delegation does not adversely affect any effective control mechanism under Community law, whether of the Court of Justice, the Court of Auditors or the European Data Protection Supervisor.

8.   Operational management of Central SIS II shall consist of all the tasks necessary to keep Central SIS II functioning 24 hours a day, 7 days a week in accordance with this Regulation, in particular the maintenance work and technical developments necessary for the smooth running of the system.

Article 16

Security

1.   The Management Authority, in relation to Central SIS II, and the Commission, in relation to the Communication Infrastructure, shall adopt the necessary measures, including a security plan, in order to:

(a)	physically protect data, including by making contingency plans for the protection of critical infrastructure;

(b)	deny unauthorised persons access to data-processing facilities used for processing personal data (facilities access control);

(c)	prevent the unauthorised reading, copying, modification or removal of data media (data media control);

(d)	prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control);

(e)	prevent the use of automated data-processing systems by unauthorised persons using data communication equipment (user control);

(f)	ensure that persons authorised to use an automated data-processing system have access only to the data covered by their access authorisation by means of individual and unique user identities and confidential access modes only (data access control);

(g)

create profiles describing the functions and responsibilities of persons who are authorised to access the data or the data processing facilities and make these profiles available to the European Data Protection Supervisor referred to in Article 45 without delay upon its request (personnel profiles);

(h)	ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control);

(i)	ensure that it is subsequently possible to verify and establish which personal data have been input into automated data-processing systems, when and by whom the data were input (input control);

(j)	prevent the unauthorised reading, copying, modification or deletion of personal data during transfers of personal data or during transportation of data media in particular by means of appropriate encryption techniques (transport control);

(k)	monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation (selfauditing).

2.   The Management Authority shall take measures equivalent to those referred to in paragraph 1 as regards security in respect of the exchange of supplementary information through the Communication Infrastructure.

Article 17

Confidentiality — Management Authority

1.   Without prejudice to Article 17 of the Staff Regulations of Officials of the European Communities, the Management Authority shall apply appropriate rules of professional secrecy or other equivalent duties of confidentiality of a comparable standard to those provided in Article 11 of this Regulation to all its staff required to work with SIS II data. This obligation shall also apply after those people leave office or employment or after the termination of their activities.

2.   The Management Authority shall take measures equivalent to those referred to in paragraph 1 as regards confidentiality in respect of the exchange of supplementary information through the Communication Infrastructure.

Article 18

Keeping of records at central level

1.   The Management Authority shall ensure that every access to and all exchanges of personal data within CS-SIS are recorded for the purposes mentioned in Article 12(1) and (2).

2.   The records shall show, in particular, the history of the alerts, the date and time of the data transmitted, the data used to perform searches, the reference to the data transmitted and the name of the competent authority responsible for processing the data.

3.   The records may only be used for the purpose mentioned in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years, after their creation. The records which include the history of alerts shall be erased one to three years after deletion of the alerts.

4.   Records may be kept longer if they are required for monitoring procedures that are already under way.

5.   The competent authorities in charge of checking whether a search is lawful, monitoring the lawfulness of data processing, self-monitoring and ensuring the proper functioning of CS-SIS, data integrity and security, shall have access, within the limits of their competence and at their request, to those records for the purpose of fulfilling their tasks.

Article 19

Information campaign

The Commission shall, in cooperation with the national supervisory authorities and the European Data Protection Supervisor, accompany the start of the operation of SIS II with an information campaign informing the public about the objectives, the data stored, the authorities having access and the rights of persons. After its establishment, the Management Authority, in cooperation with the national supervisory authorities and the European Data Protection Supervisor, shall repeat such campaigns regularly. Member States shall, in cooperation with their national supervisory authorities, devise and implement the necessary policies to inform their citizens about SIS II generally.

Chapter IV

Alerts issued in respect of third-country nationals for the purpose of refusing entry and stay

Article 20

Categories of data

1.   Without prejudice to Article 8(1) or the provisions of this Regulation providing for the storage of additional data, SIS II shall contain only those categories of data which are supplied by each of the Member States, as required for the purposes laid down in Article 24.

2.   The information on persons in relation to whom an alert has been issued shall be no more than the following:

(a)	surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately;

(b)	any specific, objective, physical characteristics not subject to change;

(c)	place and date of birth;

(d)

sex;

(e)	photographs;

(f)	fingerprints;

(g)	nationality(ies);

(h)	whether the person concerned is armed, violent or has escaped;

(i)	reason for the alert;

(j)	authority issuing the alert;

(k)	a reference to the decision giving rise to the alert;

(l)	action to be taken;

(m)	link(s) to other alerts issued in SIS II in accordance with Article 37.

3.   The technical rules necessary for entering, updating, deleting and searching the data referred to in paragraph 2 shall be established in accordance with the procedure referred to in Article 51(2), without prejudice to the provisions of the instrument setting up the Management Authority.

4.   The technical rules necessary for searching the data referred to in paragraph 2 shall be similar for searches in CS-SIS, in national copies and in technical copies, as referred to in Article 31(2).

Article 21

Proportionality

Before issuing an alert, Member States shall determine whether the case is adequate, relevant and important enough to warrant entry of the alert in SIS II.

Article 22

Specific rules for photographs and fingerprints

The use of photographs and fingerprints as referred to in Article 20(2)(e) and (f) shall be subject to the following provisions:

(a)

photographs and fingerprints shall only be entered following a special quality check to ascertain the fulfilment of a minimum data quality standard. The specification of the special quality check shall be established in accordance with the procedure referred to in Article 51(2), without prejudice to the provisions of the instrument setting up the Management Authority;

(b)	photographs and fingerprints shall only be used to confirm the identity of a third-country national who has been located as a result of an alphanumeric search made in SIS II;

(c)

as soon as this becomes technically possible, fingerprints may also be used to identify a third-country national on the basis of his biometric identifier. Before this functionality is implemented in SIS II, the Commission shall present a report on the availability and readiness of the required technology, on which the European Parliament shall be consulted.

Article 23

Requirement for an alert to be entered

1.   An alert may not be entered without the data referred to in Article 20(2)(a), (d), (k) and (l).

2.   When available, all other data listed in Article 20(2) shall also be entered.

Article 24

Conditions for issuing alerts on refusal of entry or stay

1.   Data on third-country nationals in respect of whom an alert has been issued for the purposes of refusing entry or stay shall be entered on the basis of a national alert resulting from a decision taken by the competent administrative authorities or courts in accordance with the rules of procedure laid down by national law taken on the basis of an individual assessment. Appeals against these decisions shall lie in accordance with national legislation.

2.   An alert shall be entered where the decision referred to in paragraph 1 is based on a threat to public policy or public security or to national security which the presence of the third-country national in question in the territory of a Member State may pose. This situation shall arise in particular in the case of:

(a)	a third-country national who has been convicted in a Member State of an offence carrying a penalty involving deprivation of liberty of at least one year;

(b)	a third-country national in respect of whom there are serious grounds for believing that he has committed a serious criminal offence or in respect of whom there are clear indications of an intention to commit such an offence in the territory of a Member State.

3.   An alert may also be entered when the decision referred to in paragraph 1 is based on the fact that the third-country national has been subject to a measure involving expulsion, refusal of entry or removal which has not been rescinded or suspended, that includes or is accompanied by a prohibition on entry or, where applicable, a prohibition on residence, based on a failure to comply with national regulations on the entry or residence of third-country nationals.

4.   This Article shall not apply in respect of the persons referred to in Article 26.

5.   The Commission shall review the application of this Article three years after the date referred to in Article 55(2). On the basis of that review, the Commission shall, using its right of initiative in accordance with the Treaty, make the necessary proposals to modify the provisions of this Article to achieve a greater level of harmonisation of the criteria for entering alerts.

Article 25

Conditions for entering alerts on third-country nationals who are beneficiaries of the right of free movement within the Community

1.   An alert concerning a third-country national who is a beneficiary of the right of free movement within the Community, within the meaning of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (18) shall be in conformity with the rules adopted in implementation of that Directive.

2.   Where there is a hit on an alert pursuant to Article 24 concerning a third-country national who is a beneficiary of the right of free movement within the Community, the Member State executing the alert shall consult immediately the issuing Member State, through its Sirene Bureau and in accordance with the provisions of the Sirene Manual, in order to decide without delay on the action to be taken.

Article 26

Conditions for issuing alerts on third-country nationals subject to a restrictive measure taken in accordance with Article 15 of the Treaty on European Union

1.   Without prejudice to Article 25, alerts relating to third-country nationals who are the subject of a restrictive measure intended to prevent entry into or transit through the territory of Member States, taken in accordance with Article 15 of the Treaty on European Union, including measures implementing a travel ban issued by the Security Council of the United Nations, shall, insofar as data-quality requirements are satisfied, be entered in SIS II for the purpose of refusing entry or stay.

2.   Article 23 shall not apply in respect of alerts entered on the basis of paragraph 1 of this Article.

3.   The Member State responsible for entering, updating and deleting these alerts on behalf of all Member States shall be designated at the moment of the adoption of the relevant measure taken in accordance with Article 15 of the Treaty on European Union.

Article 27

Authorities having a right to access alerts

1.   Access to data entered in SIS II and the right to search such data directly or in a copy of SIS II data shall be reserved exclusively to the authorities responsible for the identification of third-country nationals for the purposes of:

(a)	border control, in accordance with Regulation (EC) No 562/2006 of the European Parliament and the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (19);

(b)	other police and customs checks carried out within the Member State concerned, and the coordination of such checks by designated authorities.

2.   However, the right to access data entered in SIS II and the right to search such data directly may also be exercised by national judicial authorities, including those responsible for the initiation of public prosecutions in criminal proceedings and for judicial inquiries prior to charge, in the performance of their tasks, as provided for in national legislation, and by their coordinating authorities.

3.   In addition, the right to access data entered in SIS II and the data concerning documents relating to persons entered in accordance with Article 38(2)(d) and (e) of Decision 2006/.../JHA and the right to search such data directly may be exercised by the authorities responsible for issuing visas, the central authorities responsible for examining visa applications and the authorities responsible for issuing residence permits and for the administration of legislation relating to third-country nationals in the context of the application of the Community acquis relating to the movement of persons. Access to data by these authorities shall be governed by the law of each Member State.

4.   The authorities referred to in this Article shall be included in the list referred to in Article 31(8).

Article 28

Scope of access

Users may only access data which they require for the performance of their tasks.

Article 29

Retention period of alerts

1.   Alerts entered in SIS II pursuant to this Regulation shall be kept only for the time required to achieve the purposes for which they were entered.

2.   A Member State issuing an alert shall, within three years of its entry in SIS II, review the need to keep it.

3.   Each Member State shall, where appropriate, set shorter review periods in accordance with its national law.

4.   Within the review period, a Member State issuing an alert may, following a comprehensive individual assessment, which shall be recorded, decide to keep the alert longer, should this prove necessary for the purposes for which the alert was issued. In such a case, paragraph 2 shall apply also to the extension. Any extension of an alert shall be communicated to CS-SIS.

5.   Alerts shall automatically be erased after the review period referred to in paragraph 2 except where the Member State issuing the alert has communicated the extension of the alert to CS-SIS pursuant to paragraph 4. CS-SIS shall automatically inform the Member States of the scheduled deletion of data from the system four months in advance.

6.   Member States shall keep statistics about the number of alerts the retention period of which has been extended in accordance with paragraph 4.

Article 30

Acquisition of citizenship and alerts

Alerts issued in respect of a person who has acquired citizenship of any State whose nationals are beneficiaries of the right of free movement within the Community shall be erased as soon as the Member State which issued the alert becomes aware, or is informed pursuant to Article, 34 that the person in question has acquired such citizenship.

Chapter V

General data-processing rules

Article 31

Processing of SIS II data

1.   The Member States may process the data referred to in Article 20 for the purposes of refusing entry into or a stay in their territories.

2.   Data may only be copied for technical purposes, provided that such copying is necessary in order for the authorities referred to in Article 27 to carry out a direct search. The provisions of this Regulation shall apply to such copies. Alerts issued by one Member State may not be copied from its N.SIS II into other national data files.

3.   Technical copies, as referred to in paragraph 2, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in an emergency until the emergency comes to an end.

Notwithstanding the first subparagraph, technical copies which lead to off-line databases to be used by visa issuing authorities shall no longer be permitted one year after the authority in question has been connected successfully to the Communication Infrastructure for the Visa Information System to be provided for in a future Regulation concerning the Visa Information System (VIS) and the exchange of data between Member States on short stay visas except for copies made to be used only in an emergency following the unavailability of the network for more than 24 hours.

Member States shall keep an up-to-date inventory of such copies, make this inventory available to their national supervisory authority and ensure that the provisions of this Regulation, in particular those of Article 10, are applied in respect of such copies.

4.   Access to data shall only be authorised within the limits of the competence of the national authorities referred to in Article 27 and to duly authorised staff.

5.   Data may not be used for administrative purposes. By way of derogation, data entered in accordance with this Regulation may be used in accordance with the laws of each Member State by the authorities referred to in Article 27(3) in the performance of their duties.

6.   Data entered in accordance with Article 24 of this Regulation and data concerning documents relating to persons entered under Article 38(2)(d) and (e) of Decision 2006/.../JHA may be used in accordance with the laws of each Member State for the purposes referred to in Article 27(3) of this Regulation.

7.   Any use of data which does not comply with paragraphs 1 to 6 shall be considered as misuse under the national law of each Member State.

8.   Each Member State shall send to the Management Authority a list of its competent authorities authorised to search directly the data contained in SIS II pursuant to this Regulation as well as any changes to the list. That list shall specify, for each authority, which data it may search and for what purposes. The Management Authority shall ensure the annual publication of the list in the Official Journal of the European Union.

9.   Insofar as Community law does not lay down specific provisions, the law of each Member State shall apply to data entered in its N.SIS II.

Article 32

SIS II data and national files

1.   Article 31(2) shall not prejudice the right of a Member State to keep in its national files SIS II data in connection with which action has been taken on its territory. Such data shall be kept in national files for a maximum period of three years, except if specific provisions of national law provide for a longer retention period.

2.   Article 31(2) shall not prejudice the right of a Member State to keep in its national files data contained in a particular alert issued in SIS II by that Member State.

Article 33

Information in the event of non-execution of an alert

If a requested action cannot be performed, the requested Member State shall immediately inform the Member State issuing the alert.

Article 34

Quality of the data processed in SIS II

1.   A Member State issuing an alert shall be responsible for ensuring that the data are accurate, up-to-date and entered in SIS II lawfully.

2.   Only the Member State issuing an alert shall be authorised to modify, add to, correct, update or delete data which it has entered.

3.   If a Member State other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored, it shall, through the exchange of supplementary information, inform the Member State that issued the alert thereof at the earliest opportunity and not later than ten days after the said evidence has come to its attention. The Member State that issued the alert shall check the communication and, if necessary, correct or delete the item in question without delay.

4.   If the Member States are unable to reach agreement within two months, the Member State which did not issue the alert shall submit the matter to the European Data Protection Supervisor, who shall, jointly with the national supervisory authorities concerned, act as mediator.

5.   The Member States shall exchange supplementary information if a person complains that he is not the person wanted by an alert. If the outcome of the check is that there are in fact two different persons the complainant shall be informed of the provisions of Article 36.

6.   Where a person is already the subject of an alert in SIS II, a Member State which enters a further alert shall reach agreement on the entry of the alert with the Member State which entered the first alert. The agreement shall be reached on the basis of the exchange of supplementary information.

Article 35

Distinguishing between persons with similar characteristics

Where it becomes apparent, when a new alert is entered, that there is already a person in SIS II with the same identity description element, the following procedure shall be followed:

(a)	the Sirene Bureau shall contact the requesting authority to clarify whether or not the alert is on the same person;

(b)

if the cross-check reveals that the subject of the new alert and the person already in SIS II are indeed one and the same, the Sirene Bureau shall apply the procedure for entering multiple alerts as referred to in Article 34(6). If the outcome of the check is that there are in fact two different persons, the Sirene Bureau shall approve the request for entering the second alert by adding the necessary elements to avoid any misidentification.

Article 36

Additional data for the purpose of dealing with misused identity

1.   Where confusion may arise between the person actually intended as the subject of an alert and a person whose identity has been misused, the Member State which entered the alert shall, subject to that person's explicit consent, add data relating to the latter to the alert in order to avoid the negative consequences of misidentification.

2.   Data relating to a person whose identity has been misused shall be used only for the following purposes:

(a)	to allow the competent authority to distinguish the person whose identity has been misused from the person actually intended as the subject of the alert;

(b)	to allow the person whose identity has been misused to prove his identity and to establish that his identity has been misused.

3.   For the purpose of this Article, no more than the following personal data may be entered and further processed in SIS II:

(a)	surname(s) and forename(s), name(s) at birth and previously used names and any aliases possibly entered separately;

(b)	any specific objective and physical characteristic not subject to change;

(c)	place and date of birth;

(d)

sex;

(e)	photographs;

(f)	fingerprints;

(g)	nationality(ies);

(h)	number(s) of identity paper(s) and date of issue.

4.   The technical rules necessary for entering and further processing the data referred to in paragraph 3 shall be established in accordance with the procedure referred to in Article 51(2), without prejudice to the provisions of the instrument setting up the Management Authority.

5.   The data referred to in paragraph 3 shall be erased at the same time as the corresponding alert or earlier if the person so requests.

6.   Only the authorities having a right of access to the corresponding alert may access the data referred to in paragraph 3. They may do so for the sole purpose of avoiding misidentification.

Article 37

Links between alerts

1.   A Member State may create a link between alerts it enters in SIS II. The effect of such a link shall be to establish a relationship between two or more alerts.

2.   The creation of a link shall not affect the specific action to be taken on the basis of each linked alert or the retention period of each of the linked alerts.

3.   The creation of a link shall not affect the rights of access provided for in this Regulation. Authorities with no right of access to certain categories of alert shall not be able to see the link to an alert to which they do not have access.

4.   A Member State shall create a link between alerts only when there is a clear operational need.

5.   Links may be created by a Member State in accordance with its national legislation provided that the principles outlined in the present Article are respected.

6.   Where a Member State considers that the creation by another Member State of a link between alerts is incompatible with its national law or international obligations, it may take the necessary measures to ensure that there can be no access to the link from its national territory or by its authorities located outside its territory.

7.   The technical rules for linking alerts shall be adopted in accordance with the procedure referred to in Article 51(2), without prejudice to the provisions of the instrument setting up the Management Authority.

Article 38

Purpose and retention period of supplementary information

1.   Member States shall keep a reference to the decisions giving rise to an alert at the Sirene Bureau to support the exchange of supplementary information.

2.   Personal data held in files by the Sirene Bureau as a result of information exchanged, shall be kept only for such time as may be required to achieve the purposes for which they were supplied. They shall in any event be deleted at the latest one year after the related alert has been deleted from SIS II.

3.   Paragraph 2 shall not prejudice the right of a Member State to keep in national files data relating to a particular alert which that Member State has issued or to an alert in connection with which action has been taken on its territory. The period for which such data may be held in such files shall be governed by national law.

Article 39

Transfer of personal data to third parties

Data processed in SIS II pursuant to this Regulation shall not be transferred or made available to third countries or to international organisations.

Chapter VI

Data protection

Article 40

Processing of sensitive categories of data

Processing of the categories of data listed in Article 8(1) of Directive 95/46/EC shall be prohibited.

Article 41

Right of access, correction of inaccurate data and deletion of unlawfully stored data

1.   The right of persons to have access to data relating to them entered in SIS II in accordance with this Regulation shall be exercised in accordance with the law of the Member State before which they invoke that right.

2.   If national law so provides, the national supervisory authority shall decide whether information is to be communicated and by what procedures.

3.   A Member State other than that which has issued an alert may communicate information concerning such data only if it first gives the Member State issuing the alert an opportunity to state its position. This shall be done through the exchange of supplementary information.

4.   Information shall not be communicated to the data subject if this is indispensable for the performance of a lawful task in connection with an alert or for the protection of the rights and freedoms of third parties.

5.   Any person has the right to have factually inaccurate data relating to him corrected or unlawfully stored data relating to him deleted.

6.   The individual concerned shall be informed as soon as possible and in any event not later than 60 days from the date on which he applies for access or sooner, if national law so provides.

7.   The individual shall be informed about the follow-up given to the exercise of his rights of correction and deletion as soon as possible and in any event not later than three months from the date on which he applies for correction or deletion or sooner, if national law so provides.

Article 42

Right of information

1.   Third-country nationals who are the subject of an alert issued in accordance with this Regulation shall be informed in accordance with Articles 10 and 11 of Directive 95/46/EC. This information shall be provided in writing, together with a copy of or a reference to the national decision giving rise to the alert, as referred to in Article 24(1).

2.   This information shall not be provided:

(a)	where (i) the personal data have not been obtained from the third-country national in question; and (ii) the provision of the information proves impossible or would involve a disproportionate effort;

(b)	where the third country national in question already has the information;

(c)	where national law allows for the right of information to be restricted, in particular in order to safeguard national security, defence, public security and the prevention, investigation, detection and prosecution of criminal offences.

Article 43

Remedies

1.   Any person may bring an action before the courts or the authority competent under the law of any Member State to access, correct, delete or obtain information or to obtain compensation in connection with an alert relating to him.

2.   The Member States undertake mutually to enforce final decisions handed down by the courts or authorities referred to in paragraph 1, without prejudice to the provisions of Article 48.

3.   The rules on remedies provided for in this Article shall be evaluated by the Commission by ... (20).

Article 44

Supervision of N.SIS II

1.   The authority or authorities designated in each Member State and endowed with the powers referred to in Article 28 of Directive 95/46/EC (the ‘National Supervisory Authority’) shall monitor independently the lawfulness of the processing of SIS II personal data on their territory and its transmission from that territory, and the exchange and further processing of supplementary information.

2.   The National Supervisory Authority shall ensure that an audit of the data processing operations in its N.SIS II is carried out in accordance with international auditing standards at least every four years.

3.   Member States shall ensure that their National Supervisory Authority has sufficient resources to fulfil the tasks entrusted to it under this Regulation.

Article 45

Supervision of the Management Authority

1.   The European Data Protection Supervisor shall check that the personal data processing activities of the Management Authority are carried out in accordance with this Regulation. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 shall apply accordingly.

2.   The European Data Protection Supervisor shall ensure that an audit of the Management Authority's personal data processing activities is carried out in accordance with international auditing standards at least every four years. A report of such audit shall be sent to the European Parliament, the Council, the Management Authority, the Commission and the National Supervisory Authorities. The Management Authority shall be given an opportunity to make comments before the report is adopted.

Article 46

Cooperation between National Supervisory Authorities and the European Data Protection Supervisor

1.   The National Supervisory Authorities and the European Data Protection Supervisor, each acting within the scope of its respective competences, shall cooperate actively in the framework of their responsibilities and shall ensure coordinated supervision of SIS II.

2.   They shall, each acting within the scope of its respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties of interpretation or application of this Regulation, study problems with the exercise of independent supervision or in the exercise of the rights of data subjects, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary.

3.   The National Supervisory Authorities and the European Data Protection Supervisor shall meet for that purpose at least twice a year. The costs and servicing of these meetings shall be for the account of the European Data Protection Supervisor. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary. A joint report of activities shall be sent to the European Parliament, the Council, the Commission and the Management Authority every two years.

Article 47

Data protection during the transitional period

Where the Commission delegates its responsibilities during the transitional period to another body or bodies, pursuant to Article 15(4), it shall ensure that the European Data Protection Supervisor has the right and is able to fully exercise his tasks, including carrying out on-the-spot checks, and to exercise any other powers conferred on him by Article 47 of Regulation (EC) No 45/2001.

Chapter VII

Liability and penalties

Article 48

Liability

1.   Each Member State shall be liable in accordance with its national law for any damage caused to a person through the use of N.SIS II. This shall also apply to damage caused by the Member State which issued the alert, where the latter entered factually inaccurate data or stored data unlawfully.

2.   If the Member State against which an action is brought is not the Member State issuing the alert, the latter shall be required to reimburse, on request, the sums paid out as compensation unless the use of the data by the Member State requesting reimbursement infringes this Regulation.

3.   If any failure of a Member State to comply with its obligations under this Regulation causes damage to SIS II, that Member State shall be held liable for such damage, unless and insofar as the Management Authority or another Member State participating in SIS II failed to take reasonable steps to prevent the damage from occurring or to minimise its impact.

Article 49

Penalties

Member States shall ensure that any misuse of data entered in SIS II or any exchange of supplementary information contrary to this Regulation is subject to effective, proportionate and dissuasive penalties in accordance with national law.

Chapter VIII

Final Provisions

Article 50

Monitoring and statistics

1.   The Management Authority shall ensure that procedures are in place to monitor the functioning of SIS II against objectives relating to output, cost-effectiveness, security and quality of service.

2.   For the purposes of technical maintenance, reporting and statistics, the Management Authority shall have access to the necessary information relating to the processing operations performed in Central SIS II.

3.   Each year the Management Authority shall publish statistics showing the number of records per category of alert, the number of hits per category of alert and how many times SIS II was accessed, in total and for each Member State.

4.   Two years after SIS II is brought into operation and every two years thereafter, the Management Authority shall submit to the European Parliament and the Council a report on the technical functioning of Central SIS II and the Communication Infrastructure, including the security thereof and the bilateral and multilateral exchange of supplementary information between Member States.

5.   Three years after SIS II is brought into operation and every four years thereafter, the Commission shall produce an overall evaluation of Central SIS II and the bilateral and multilateral exchange of supplementary information between Member States. This overall evaluation shall include an examination of results achieved against objectives and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of Central SIS II, the security of Central SIS II and any implications for future operations. The Commission shall transmit the evaluation to the European Parliament and the Council.

6.   Member States shall provide the Management Authority and the Commission with the information necessary to draft the reports referred to in paragraphs 3, 4 and 5.

7.   The Management Authority shall provide the Commission with the information necessary to produce the overall evaluations referred to in paragraph 5.

8.   During a transitional period before the Management Authority takes up its responsibilities, the Commission shall be responsible for producing and submitting the reports referred to in paragraphs 3 and 4.

Article 51

Committee

1.   The Commission shall be assisted by a Committee.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.

3.   The Committee shall exercise its function from the date of entry into force of this Regulation.

Article 52

Amendment of the provisions of the Schengen Acquis

1.   For the purposes of matters falling within the scope of the Treaty, this Regulation shall replace, on the date referred to in Article 55(2), the provisions of Articles 92 to 119 of the Schengen Convention, with the exception of Article 102 A thereof.

2.   It shall also replace, on the date referred to in Article 55(2), the following provisions of the Schengen acquis implementing those articles (21):

(a)	Decision of the Executive Committee of 14 December 1993 on the Financial Regulation on the costs of installing and operating the Schengen Information System (C.SIS) (SCH/Com-ex (93) 16);

(b)	Decision of the Executive Committee of 7 October 1997 on the development of the SIS (SCH/Com-ex (97) 24);

(c)	Decision of the Executive Committee of 15 December 1997 amending the Financial Regulation on C.SIS (SCH/Com-ex (97) 35);

(d)	Decision of the Executive Committee of 21 April 1998 on C.SIS with 15/18 connections (SCH/Com-ex (98) 11);

(e)	Decision of the Executive Committee of 28 April 1999 on C.SIS installation expenditure (SCH/Com-ex (99) 4);

(f)	Decision of the Executive Committee of 28 April 1999 on updating the Sirene Manual (SCH/Com-ex (99) 5);

(g)	Declaration of the Executive Committee of 18 April 1996 defining the concept of alien (SCH/Com-ex (96) decl. 5);

(h)	Declaration of the Executive Committee of 28 April 1999 on the structure of SIS (SCH/Com-ex (99) decl. 2 rev.);

(i)	Decision of the Executive Committee of 7 October 1997 on contributions from Norway and Iceland to the costs of installing and operating of the C.SIS (SCH/Com-ex (97) 18).

3.   For the purposes of matters falling within the scope of the Treaty, references to the replaced Articles of the Schengen Convention and relevant provisions of the Schengen acquis implementing those Articles shall be construed as references to this Regulation.

Article 53

Repeal

Regulation (EC) No 378/2004, Regulation (EC) No 871/2004, Decision 2005/451/JHA, Decision 2005/728/JHA and Decision 2006/628/EC are repealed on the date referred to in Article 55(2).

Article 54

Transitional period and budget

1.   Alerts shall be transferred from SIS 1+ to SIS II. The Member States shall ensure, giving priority to alerts on persons, that the contents of the alerts that are transferred from SIS 1+ to SIS II satisfy the provisions of this Regulation as soon as possible and within three years after the date referred to in Article 55(2) at the latest. During this transitional period, the Member States may continue to apply the provisions of Articles 94 and 96 of the Schengen Convention to the contents of the alerts that are transferred from SIS 1+ to SIS II, subject to the following rules:

(a)	in the event of a modification of, an addition to, or a correction or update of the content of an alert transferred from SIS 1+ to SIS II, the Member States shall ensure that the alert satisfies the provisions of this Regulation as from the time of that modification, addition, correction or update;

(b)	in the event of a hit on an alert transferred from SIS 1+ to SIS II, the Member States shall examine the compatibility of that alert with the provisions of this Regulation immediately, but without delaying the action to be taken on the basis of that alert.

2.   The remainder of the budget at the date set in accordance with Article 55(2), which has been approved in accordance with the provisions of Article 119 of the Schengen Convention, shall be paid back to the Member States. The amounts to be repaid shall be calculated on the basis of the contributions from the Member States as laid down in the Decision of the Executive Committee of 14 December 1993 on the financial regulation on the costs of installing and operating the Schengen Information System.

3.   During the transitional period referred to in Article 15(4), references in this Regulation to the Management Authority shall be construed as a reference to the Commission.

Article 55

Entry into force, applicability and migration

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

2.   It shall apply to the Member States participating in SIS 1+ from dates to be fixed by the Council, acting by the unanimity of its Members representing the governments of the Member States participating in SIS 1+.

3.   The dates referred to in paragraph 2 shall be fixed after:

(a)	the necessary implementing measures have been adopted;

(b)	all Member States fully participating in SIS 1+ have notified the Commission that they have made the necessary technical and legal arrangements to process SIS II data and exchange supplementary information;

(c)

the Commission has declared the successful completion of a comprehensive test of SIS II, which shall be conducted by the Commission together with the Member States, and the preparatory bodies of the Council have validated the proposed test result and confirmed that the level of performance of SIS II is at least equivalent to that achieved with SIS 1+;

(d)	the Commission has made the necessary technical arrangements for allowing Central SIS II to be connected to the N.SIS II of the Member States concerned.

4.   The Commission shall inform the European Parliament of the results of the tests carried out in accordance with paragraph 3(c).

5.   Any Decision of the Council taken in accordance with paragraph 2 shall be published in the Official Journal of the European Union.

---

(1)  Position of the European Parliament of 25 October 2006.

(2)  OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regulation (EC) No 1160/2005 (OJ L 191, 22.7.2005, p. 18).

(3)  OJ L 328, 13.12.2001, p. 4.

(4)  OJ L 328, 13.12.2001, p. 1.

(5)  OJ L ...

(6)  OJ L 281, 23.11.1995, p. 31.

(7)  OJ L 8, 12.1.2001, p. 1.

(8)  OJ L 12, 17.1.2004, p. 47.

(9)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(10)  OJ L 131, 1.6.2000, p. 43.

(11)  OJ L 64, 7.3.2002, p. 20.

(12)  OJ L 176, 10.7.1999, p. 36.

(13)  OJ L 176, 10.7.1999, p. 31.

(14)  OJ L 176, 10.7.1999, p. 53.

(15)  Council Decision 2004/849/EC of 25 October 2004 on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 368, 15.12.2004, p. 26).

(16)  Council Decision 2004/860/EC of 25 October 2004 on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation, concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 370, 17.12.2004, p. 78).

(17)  OJ L 248, 16.9.2002, p. 1.

(18)  OJ L 158, 30.4.2004, p. 77.

(19)  OJ L 105, 13.4.2006, p. 1.

(20)  OJ: two years after the entry into force of this Regulation.

(21)  OJ L 239, 22.9.2000, p. 439.

P6_TA(2006)0446

Access to SIS II by the services responsible for issuing vehicle registration certificates ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council regarding access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing registration certificates for vehicles (COM(2005)0237 — C6-0175/2005 — 2005/0104(COD))

(Codecision procedure: first reading)

The European Parliament,

—	having regard to the Commission proposal to the European Parliament and the Council (COM(2005) 0237) (1),

—	having regard to Article 251(2) and Article 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0175/2005),

—	having regard to Rule 51 of its Rules of Procedure,

—	having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0354/2006),

1.	Approves the Commission proposal as amended;

2.	Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.	Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

P6_TC1-COD(2005)0104

Position of the European Parliament adopted at first reading on 25 October 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and Council regarding access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1)

Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (3) provides that Member States are to assist one another in the implementation of that Directive and may exchange information at bilateral or multilateral level, in particular, so as to check, before any registration of a vehicle, the latter's legal status in the Member State in which it was previously registered. Such checking may involve the use of an electronic network.

(2)

Regulation (EC) No .../2006 of the European Parliament and of the Council of ... and Council Decision 2006/.../JHA of ... on the establishment, operation and use of the second generation of the Schengen Information System (SIS II) (4) constitute the legislative basis for governing SIS II, which constitutes a shared database between Member States containing, inter alia, data on motor vehicles with a cylinder capacity exceeding 50 cc, data on trailers with an unladen weight exceeding 750 kg and caravans and data on vehicle registration certificates and vehicle number plates which have been stolen, misappropriated, lost or invalidated.

(3)

Regulation (EC) No .../2006 and Decision 2006/.../JHA replace Articles 92 to 119 of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux economic union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (5) (‘the Schengen Convention’) with the exception of Article 102a thereof. That Article concerns access to the Schengen Information System by the authorities and services in the Member States responsible for issuing registration certificates for vehicles.

(4)

It is now necessary to adopt a third instrument, based on Title V of the Treaty and complementing Regulation (EC) No .../2006 and Decision 2006/.../JHA in order to allow access to SIS II by the services in the Member States responsible for issuing registration certificates for vehicles, and to replace Article 102a of the Schengen Convention.

(5)	Alerts on objects, including motor vehicles, are entered in SIS II for the purposes of seizure or use as evidence in criminal proceedings, pursuant to Decision 2006/.../JHA.

(6)	Pursuant to Decision 2006/.../JHA, access to alerts on objects entered in SIS II is reserved exclusively to the authorities responsible for border control and other police and customs checks as well as judicial authorities and Europol.

(7)

Government or non-government services clearly identified for this purpose and responsible in the Member States for issuing registration certificates for vehicles should have access to data included in SIS II concerning motor vehicles with a cylinder capacity exceeding 50 cc, trailers with an unladen weight exceeding 750 kg, caravans and vehicle registration certificates and vehicle number plates which have been stolen, misappropriated, lost or invalidated in order to enable them to check whether the vehicles presented to them for registration have been stolen, misappropriated or lost.

(8)	To that end, it is necessary to grant those services access to those data, and to allow them to use those data for the administrative purposes of properly issuing vehicle registration certificates.

(9)

To the extent that services in the Member States responsible for issuing registration certificates for vehicles are non-government bodies, such access should be granted indirectly, that is to say through the intermediary of an authority granted access in accordance with Decision 2006/.../JHA that is responsible for ensuring compliance with the security and confidentiality rules of the Member States as referred to in that Decision.

(10)	Decision 2006/.../JHA lays down the action to be taken if access to SIS II brings to light an alert for an object entered in SIS II.

(11)

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6) applies to the processing of personal data by the services in the Member States responsible for issuing registration certificates for vehicles. The specific provisions on the protection of personal data on security, confidentiality and keeping of log files contained in Decision 2006/.../JHA supplement or clarify the principles set out in that Directive when personal data is processed by those services in the context of SIS II.

(12)

Since the objective of the action to be taken, namely to grant access to SIS II to services in the Member States responsible for issuing registration certificates for vehicles, in order to facilitate their tasks under Directive 1999/37/EC, cannot be sufficiently achieved by the Member States and can therefore, by reason of the very nature of SIS II as a joint information system, only be achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(13)	This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

(14)

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 (7) which fall within the area referred to in Article 1, point G, of Council Decision 1999/437/EC of 17 May 1999 (8) on certain arrangements for the application of that Agreement.

(15)

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 Decision 1999/437/EC read in conjunction with Article 4 (1) of Council Decisions 2004/849/EC (9) and 2004/860/EC (10).

(16)	This Regulation constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession,

HAVE ADOPTED THIS REGULATION:

Article 1

1.   Notwithstanding Articles 38, 40 and 46(1) of Decision 2006/.../JHA, the services in the Member States responsible for issuing registration certificates for vehicles, as referred to in Directive 1999/37/EC, shall have access to the following data entered into SIS II in accordance with Article 38(2)(a), (b) and (f) of that Decision for the sole purpose of checking whether vehicles presented to them for registration have been stolen, misappropriated or lost or are sought as evidence in criminal proceedings:

(a)	data concerning motor vehicles with a cylinder capacity exceeding 50 cc;

(b)	data concerning trailers with an unladen weight exceeding 750 kg and caravans;

(c)	data concerning vehicle registration certificates and vehicle number plates which have been stolen, misappropriated, lost or invalidated.

Subject to paragraph 2, the law of each Member State shall govern access to those data by those services in that Member State.

2.   Services as referred to in paragraph 1 that are government services shall have the right to access directly the data entered in SIS II.

3.   Services as referred to in paragraph 1 that are non-government services shall have access to data entered in SIS II only through the intermediary of an authority as referred to in Article 40 of the Decision mentioned in paragraph 1. That authority shall have the right to access the data directly and to pass them on to the service concerned. The Member State concerned shall ensure that the service in question and its employees are required to respect any limitations on the permissible use of data conveyed to them by the authority.

4.   Article 39 of that Decision shall not apply to access gained in accordance with this Article. The communication to the police or judicial authorities by services as referred to in paragraph 1 of any information brought to light by access to SIS II which gives rise to suspicion of a criminal offence shall be governed by national law.

Article 2

This Regulation replaces Article 102a of the Schengen Convention.

Article 3

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

It shall apply from the date set in accordance with Article 71(2) of Decision 2006/.../JHA.

---

(1)  OJ C 65, 17.3.2006, p. 27.

(2)  Position of the European Parliament of 25 October 2006.

(3)  OJ L 138, 1.6.1999, p. 57. Directive as last amended by Commission Directive 2003/127/EC (OJ L 10, 16.1.2004, p. 29).

(4)  OJ L ...

(5)  OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regulation (EC) No 1160/2005 (OJ L 191, 22.7.2005, p. 18).

(6)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(7)  OJ L 176, 10.7.1999, p. 36.

(8)  OJ L 176, 10.7.1999, p. 31.

(9)  Council Decision 2004/849/EC of 25 October 2004 on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 368, 15.12.2004, p. 26).

(10)  Council Decision 2004/860/EC of 25 October 2004 on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation, concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 370, 17.12.2004, p. 78).

P6_TA(2006)0447

Establishment, operation and use of SIS II (decision) *

European Parliament legislative resolution on the proposal for a Council decision on the establishment, operation and use of the second generation Schengen information system (SIS II) (COM(2005)0230 — C6-0301/2005 — 2005/0103(CNS))

(Consultation procedure)

The European Parliament,

—	having regard to the Commission proposal (COM(2005)0230) (1),

—	having regard to Article 34(2)(c) of the Treaty on European Union,

—	having regard to Article 39(1) of the Treaty on European Union, pursuant to which the Council consulted Parliament (C6-0301/2005),

—	having regard to the Protocol integrating the Schengen acquis into the framework of the European Union, pursuant to which the Council consulted Parliament,

—	having regard to Rules 93 and 51 of its Rules of Procedure,

—	having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0353/2006),

1.	Approves the Commission proposal as amended;

2.	Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.	Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.	Calls on the Council to consult Parliament if it intends to amend the Commission proposal substantially;

5.	Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

P6_TC1-CNS(2005)0103

Proposal for a Council decision on the establishment, operation and use of the second generation Schengen information system (SIS II)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 30(1)(a) and (b), Articles 31(1)(a) and (b) and Article 34(2)(c) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

The Schengen information system (hereinafter referred to as ‘SIS 1+’) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (2) (hereinafter referred to as the ‘Schengen Convention’), constitutes an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union.

(2)

The development of the second generation of the SIS (hereinafter referred to as ‘SIS II’) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 (3) and Council Decision 2001/886/JHA (4) of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). The SIS II will replace the SIS as established by the Schengen Convention.

(3)

This Decision constitutes the necessary legislative basis for governing the SIS II in respect of matters falling within the scope of the Treaty on European Union (hereinafter referred to as the ‘EU Treaty’). Regulation (EC) No 2006/XX of the European Parliament and of the Council of the European Union on the establishment, operation and use of the SIS II (5) constitutes the necessary legislative basis for governing the SIS II in respect of matters falling with the scope of the Treaty establishing the European Community (hereinafter referred to as the ‘EC Treaty’).

(4)	The fact that the legislative basis necessary for governing the SIS II consists of separate instruments does not affect the principle that the SIS II constitutes one single information system that should operate as such. Certain provisions of these instruments should therefore be identical.

(5)	The SIS II should constitute a compensatory measure contributing to maintaining a high level of security within an area (...) of freedom, security and justice by supporting operational cooperation between police authorities and judicial authorities in criminal matters

(6)

It is necessary to specify the objectives of the SIS II and to lay down rules concerning its operation, use and responsibilities, including its technical architecture and financing, categories of data to be entered into the system, the purposes for which they are to be entered, the criteria for their entry, the authorities authorised to access it, the interlinking of alerts and further rules on data processing and the protection of personal data.

(7)	The expenditure involved in the operation of the Central SIS II and the Communication Infrastructure should be charged to the budget of the European Union.

(8)	It is necessary to establish a manual setting out the detailed rules for the exchange of supplementary information in relation with the action required by the alert. National authorities in each Member State should ensure the exchange of this information.

(9)

For a transitional period, the Commission should be responsible for the operational management of the Central SIS II and of parts of the Communication Infrastructure. However, in order to ensure a smooth transition between the SIS 1+ and the SIS II, it may delegate some or all of these responsibilities to two national public sector bodies. In the long term, and following an impact assessment, containing a substantive analysis of alternatives from financial, operational and organisational perspective, and legislative proposals from the Commission, a permanent Management Authority with responsibility for these tasks should be established. The transitional period should last for no more than five years from the date of entry into force of this Decision.

(10)

The SIS II should contain alerts on persons wanted for arrest for surrender purposes and wanted for arrest for extradition purposes. In addition to alerts, it is appropriate to provide for the exchange of supplementary information which is necessary for the surrender and extradition procedures. In particular, data referred to in Article 8 of the Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States (6) should be processed in the SIS II.

(11)	It should be possible to add to the SIS II a translation of the additional data entered for the purpose of surrender under the European Arrest Warrant and for the purpose of extradition.

(12)	The SIS II should contain alerts on missing persons to ensure their protection or prevent threats, alerts on persons wanted for judicial procedure, alerts on persons and objects for discreet checks or specific checks and alerts on objects for seizure or use as evidence in criminal proceedings.

(13)

Alerts should not be kept longer in the SIS II than the time required to meet the purposes for which they were supplied. As a general principle, alerts on persons should be automatically erased from the SIS II after a period of three years. Alerts on objects entered for discreet checks or specific checks should be automatically erased from the SIS II after a period of five years. Alerts on objects for seizure or use as evidence in criminal proceedings should be automatically erased from the SIS II after a period of ten years. The decisions to keep alerts on persons should be based on a comprehensive individual assessment. Member States should review alerts on persons within the review period and keep statistics about the number of alerts on persons the conservation period of which has been extended.

(14)

(...)

(15)

The SIS II should permit the processing of biometric data in order to assist in the reliable identification of individuals concerned. In the same context, the SIS II should also allow for the processing of data of individuals whose identity has been misused in order to avoid inconveniences caused by their misidentification, subject to suitable safeguards, in particular the consent of the individual concerned and a strict limitation of the purposes for which such data can be lawfully processed.

(16)

It should be possible for a Member State to add an indication, called a flag, to an alert, to the effect that the action to be taken on the basis of the alert will not be taken on its territory. When alerts are issued for arrest for surrender purposes, nothing in this Decision should be construed as to derogate from or prevent the application of the provisions contained in the Framework Decision 2002/584/ JHA. (...) The decision to add a flag to an alert should (...) only be based on the grounds for refusal contained in that Framework Decision.

(16A)

When a flag has been added in accordance with Article 14 C(2) and the whereabouts of the person wanted for arrest for surrender becomes known, the whereabouts should always be communicated to the issuing judicial authority, which may decide to transmit a European Arrest Warrant to the competent judicial authority in accordance with the provisions of the Framework Decision 2002/584/ JHA.

(17)	The SIS II should offer Member States the possibility to establish links between alerts. The establishment of links by a Member State between two or more alerts should have no impact on the action to be taken, the conservation period or the access rights to the alerts.

(18)

Data processed in the SIS II in application of this Decision should not be transferred or made available to a third country or to an international organisation. However, it is appropriate to strengthen cooperation between the European Union and Interpol by promoting an efficient exchange of passport data. Where personal data is transferred from the SIS II to Interpol, these personal data should be subject to an adequate level of protection (...), guaranteed by an agreement, providing strict safeguards and conditions.

(19)

All Member States have ratified the Council of Europe Convention of 28 January 1981 for the protection of individuals with regard to automatic processing of personal data. Article 9 of that Convention allows exceptions and restrictions to the rights and obligations it provides, within certain limits. The personal data processed in the context of the implementation of this Decision should be protected in accordance with the principles of that Convention. The principles set out in the Convention should be supplemented or clarified in this Decision where necessary.

(20)

The principles contained in Recommendation No R (87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987 regulating the use of personal data in the police sector should be taken into account when personal data is processed by police authorities in application of this Decision.

(20A)

The Commission has submitted a proposal to the Council for a Framework Decision on the data protection of personal data processed in the framework of police and judicial cooperation in criminal matters, according to which it should be approved by the end of 2006 and be applied to the personal data which are processed in the framework of the second generation of the Schengen Information System and the related exchange of supplementary information pursuant to this Decision;

(21)

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7) and in particular its Articles 21 and 22 as regards confidentiality and security of the processing applies to the processing of personal data by the Community institutions or bodies when carrying out their tasks as responsible for the operational management of the SIS II in the exercise of activities all or part of which fall within the scope of Community law. Part of the processing of personal data in the SIS II falls within the scope of Community law. Consistent and homogeneous application of the rules regarding the protection of individuals' fundamental rights and freedoms with regard to the processing of personal data requires clarification that, when the Commission is processing personal data in application of this Decision, Regulation (EC) No 45/2001 is applicable to it. The principles set out in (...) Regulation (EC) No 45/2001 should be supplemented or clarified in this Decision where necessary.

(21A)

In so far as confidentiality is concerned, the relevant provisions of the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the European Communities shall apply to officials or other servants of the European Communities employed and working in connection with SIS II.

(22)

It is appropriate that National (...) Supervisory Authorities should monitor the lawfulness of the processing of personal data by the Member States, whilst the European Data Protection Supervisor, appointed by Decision 2004/55/EC of the European Parliament and of the Council of 22 December 2003 appointing the independent supervisory body provided for in Article 286 of the EC Treaty (8), should monitor the activities of the Community institutions and bodies in relation to the processing of personal data taking into account the limited tasks of the Community institutions and bodies with regard to the data themselves.

(23)	Liability of the Community arising from any breach by the Community institutions or bodies of this Decision is governed by the second paragraph of Article 288 of the EC Treaty.

(23A)

Both Member States and the Commission should elaborate a security plan in order to facilitate the concrete implementation of security obligations and should cooperate with each other in order to address security issues from a common perspective.

(24)

The provisions of the Convention of 26 July 1995 on the establishment of a European Police Office (9) (hereinafter referred to as the ‘Europol Convention’) concerning data protection apply to the processing of SIS II data by Europol, including the powers of the Joint Supervisory Body, set up under Article 24 of the Europol Convention, to monitor the activities of Europol and liability for any unlawful processing of personal data by Europol.

(25)

The provisions of Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (10) concerning data protection apply to the processing of SIS II data by Eurojust, including the powers of the Joint Supervisory Body, set up under Article 23 of that Decision, to monitor the activities of Eurojust and liability for any unlawful processing of personal data by Eurojust.

(26)

In order to ensure transparency, a report on the technical functioning of the Central SIS II and the Communication Infrastructure, including its security, and on the exchange of supplementary information should be produced every two years by the Management Authority. An overall evaluation should be issued by the Commission every four years.

(27)

Certain aspects of the SIS II such as technical rules on entering, including data required for entering an alert, updating, deleting and searching, rules on compatibility and priority of alerts, the adding of flags, links between alerts and exchange of supplementary information cannot be covered exhaustively by the provisions of this Decision due to their technical nature, level of detail and need for regular update. (...) Implementing powers in respect of those aspects should therefore be delegated to the Commission. Technical rules on searching alerts should take into account the smooth operation of national applications. Subject to an impact assessment by the Commission, it will be decided to what extent the implementing measures could be a responsibility of the permanent Management Authority, as soon as it is set up.

(28)	This Decision should define the procedure for the adoption of the measures necessary for its implementation. The procedure for adopting implementing measures under this Decision and Regulation (EC) No XX/2006 should be the same.

(29)

It is appropriate to lay down transitional provisions in respect of alerts issued in the SIS 1+ (...) which will be transferred to the SIS II (...). Some provisions of the Schengen acquis should continue to apply for a limited period of time until the Member States have examined the compatibility of those alerts with the new legal framework. The compatibility of alerts on persons should be examined as a matter of priority. Furthermore, any modification, addition, correction or update of an alert transferred from the SIS 1+ to the SIS II, as well as any hit on such an alert should trigger an immediate examination of its compatibility with the provisions of this Decision.

(30)	It is necessary to lay down special provisions regarding the remainder of the budget affected to the operations of the SIS which are not part of the budget of the European Union.

(31)

Since the objectives of the action to be taken, namely the establishment and regulation of a joint information system, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at the level of the European Union, the Council may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the EC Treaty and referred to in Article 2 of the EU Treaty. In accordance with the principle of proportionality as set out in Article 5 of the EC Treaty, this Decision does not go beyond what is necessary to achieve those objectives.

(32)	This Decision respects the fundamental rights and observes the principles recognised, in particular by the Charter of Fundamental Rights of the European Union.

(33)

The United Kingdom is taking part in this Decision, in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the EU Treaty and to the EC Treaty, and Article 8(2) of 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 (11).

(34)

Ireland is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the EU Treaty and to the EC Treaty, and Article 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 (12).

(35)	This Decision is without prejudice to the arrangements for the United Kingdom and Ireland's partial participation in the Schengen acquis, as defined in Decision 2000/365/EC and 2002/192/EC, respectively.

(36)

As regards Iceland and Norway, this Decision 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 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 (13).

(36A)

An arrangement has to be made to allow representatives of Iceland and Norway to be associated with the work of committees assisting the Commission in the exercise of its implementing powers. Such an arrangement has been contemplated in the Exchanges of Letters between the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning committees which assist the European Commission in the exercise of its executive powers (14), annexed to the abovementioned Agreement.

(37)

As regards Switzerland, this Decision 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 the Council decision 2004/849/EC on the signing, on behalf of the European Union, and on the provisional application of certain provisions of that Agreement (15).

(37A)

An arrangement has to be made to allow representatives of Switzerland to be associated with the work of committees assisting the Commission in the exercise of its implementing powers. Such an arrangement has been contemplated in the Exchange of Letters between the Community and Switzerland, annexed to the abovementioned Agreement.

(38)	This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession.

(39)	This Decision should apply to the States concerned by Recitals 33, 34, 37 and 38 on dates determined in accordance with the procedures set out in the relevant instruments concerning the application of the Schengen acquis to those States.

HAS DECIDED AS FOLLOWS:

Chapter I

General provisions

Article 1

Establishment and general objective of the SIS II

1.   The second generation Schengen Information System (hereinafter referred to as ‘SIS II’) is hereby established.

2.   The purpose of the SIS II shall be, in accordance with this Decision, to ensure a high level of security within an area of freedom, security and justice, (...) including the maintenance of public security and public policy and the safeguarding of (...) security in the territories of the Member States, and to apply the provisions of Title IV of the Treaty establishing the European Community (hereinafter referred to as ‘EC Treaty’) relating to the movement of persons in their territories, using information communicated via this system.

Article 2

Scope

1.   This Decision defines the conditions and procedures for the processing of alerts on persons and objects in the SIS II and the exchange of supplementary information and additional data for the purpose of police and judicial cooperation in criminal matters.

2.   This Decision also lays down provisions in particular on the technical architecture of the SIS II, the responsibilities of the Member States and of the Management Authority referred to in Article 12, general data processing, the rights of the persons concerned and liability.

Article 3

Definitions

1.   For the purposes of this Decision, the following definitions shall apply:

(a)	‘alert’ means a set of data entered in the SIS II allowing the competent authorities to identify a person or an object in view of a specific action to be taken;

(b)

‘supplementary information’ means the information not stored in the SIS II, but connected to SIS II alerts, which shall be exchanged: — in order to allow Member States to consult or inform each other whilst entering an alert; — a hit in order to allow the appropriate action to be taken; — when the required action cannot be taken; — when dealing with the quality of SIS II data; — when dealing with the compatibility and priority of alerts; — when dealing with the exercise of the right of access;

(c)	‘additional data’ means the data stored in the SIS II and connected to SIS II alerts which shall be immediately available to the competent authorities where persons in respect of whom data has been entered in the SIS II are found as a result of searches made therein;

(d)	‘personal data’ shall mean any information relating to an identified or identifiable natural person (‘data subject’); an identifiable person is one who can be identified, directly or indirectly;

(e)

‘processing of personal data’ (‘processing’) shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

2.   (...)

2a   Any reference in this Decision to provisions of the Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States shall be construed as including the corresponding provisions of Agreements concluded between the European Union and third states on the basis of Articles 24 and 38 of the Treaty on European Union for the purpose of surrender of persons on the basis of an arrest warrant which provide for the transmission of such an arrest warrant via the Schengen Information System.

Article 4

Technical architecture and ways of operating the SIS II

1.   The SIS II is composed of:

(aa)	a central system (hereinafter referred to as ‘the Central SIS II’) composed of: — a technical support function (hereinafter referred to as ‘CS-SIS’) containing the (...) SIS II database; — a uniform national interface (hereinafter referred to as ‘NI-SIS’);

(a)

anational section (hereinafter referred to as ‘N.SIS II’) in each of the Member States, consisting of the national data systems which communicate with the Central SIS II. An N.SIS II may contain a data file (hereinafter referred to as ‘national copy’), containing a complete or partial copy of the SIS II database;

(b)	(moved to (aa))

(c)	a communication infrastructure between the CS-SIS and the NI-SIS (hereinafter referred to as ‘Communication Infrastructure’) that provides an encrypted virtual network dedicated to SIS II data and the exchange of data between Sirene Bureaux as referred to in Article 7(2).

2.   SIS II data shall be entered, updated, deleted and searched via the N.SIS II. A national copy shall be available for the purpose of carrying out automated searches in the territory of each of the Member States using such a copy. It shall not be possible to search the data files of other Member States N.SIS II.

3.   The principal CS-SIS, which carries out technical supervision and administration, is located in Strasbourg (France) and a backup CS-SIS, capable of ensuring all functionalities of the principal CS-SIS in case of failure of this system, is located in Sankt Johann im Pongau (Austria).

4.   The CS-SIS will provide the services necessary for the update of, and the searches in, the SIS II (...) database. For the Member States which use a national copy the CS-SIS will provide:

—	the on-line update of the national copies;

—	the synchronisation and the coherence between the national copies and the (...) SIS II database;

—	the operation for initialisation and restoration of the national copies.

Article 5

Costs

1.   The costs of setting up, operating and maintaining the Central SIS II and the Communication Infrastructure shall be borne by the budget of the European Union.

2.   These costs will include work done with respect to the CS-SIS that ensures the provision of the services referred to in Article 4(4).

3.   The costs of setting up, operating and maintaining each N.SIS II shall be borne by the Member State concerned.

4.   (...)

Chapter II

Responsibilities of the Member States

Article 6

National Systems

Each Member State (...) shall be responsible for:

(a)	setting up, operating and maintaining its N.SIS II;

(b)	connecting its N.SIS II to the NI-SIS.

Article 7

SIS II Office and Sirene Bureau

1.

(a) Each Member State shall designate an authority (hereinafter referred to as ‘N.SIS I Office’), which shall have central responsibility for its N.SIS II; (b) The said authority shall be responsible for the smooth operation and security of the N.SIS II, shall ensure the access of the competent authorities to the SIS II and shall take the necessary measures to ensure compliance with the provisions of this Decision. (c) Each Member State shall transmit its alerts via the N.SIS II Office.

2.

(a) Each Member State shall designate the authority which shall ensure the exchange of all supplementary information (hereinafter referred to as the ‘Sirene Bureau’) in accordance with the provisions of the Sirene Manual, as referred to in Article 8; (b) This Bureau shall also coordinate the verification of the quality of the information entered into the SIS II (...). (c) For those purposes it shall have access to data processed in the SIS II.

3.   The Member States shall inform the Management Authority referred to in Article 12 of their N.SIS II office and of their Sirene Bureau. The Management Authority (...) shall publish the list of them together with the list referred to in Article 40(7).

Article 8

Exchange of supplementary information

1.   Supplementary information shall be exchanged in accordance with the provisions of the Sirene Manual and using the Communication Infrastructure.

2.   Such information shall be used only for the purpose for which it was transmitted.

3.   Should the Communication Infrastructure be unavailable, Member States may use other adequately secured technical means for exchanging supplementary information.

3aa   Requests for supplementary information made by other Member States shall be answered as soon as possible.

3a   Detailed rules for the exchange of supplementary information shall be adopted in accordance with the procedure defined in Article 61 in the form of a manual called the ‘Sirene Manual’, without prejudice to the provisions of the instrument setting up the Management Authority referred to in Article 12.

Article 9

Technical compliance

1.   To ensure the rapid and effective transmission of data, each Member State shall observe, when setting up its N.SIS II, the protocols and technical procedures established to ensure the compatibility of the CS-SIS with the N-SIS II. These protocols and technical procedures shall be established in accordance with the procedure referred to in Article 61, without prejudice to the provisions of the instrument setting up the Management Authority referred to in Article 12.

2.   If a Member State uses a national copy it shall ensure, by means of the services provided by the CS-SIS (...) that data stored in the national copy is, through automatic updates referred to in Article 4(4), identical and consistent with the SIS II database, and (...) that a search in its national copy will provide an equivalent result as a search in the SIS II database.

Article 10

Security (...)

1.   Each Member State shall, in relation to its N.SIS II, adopt the necessary measures, including the adoption of a security plan, in order to:

(aa)	physically protect data including by making contingency plans for the protection of critical infrastructure;

(a)	deny unauthorised persons access to data-processing facilities used for processing personal data (facilities access control);

(b)	prevent the unauthorised reading, copying, modification or removal of data media (data media control);

(c)	prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control);

(d)	prevent the use of automated data-processing systems by unauthorised persons using data communication equipment (user control);

(e)	ensure that persons authorised to use an automated data-processing system have access only to the data covered by their access authorisation and with individual and unique user identities and confidential access modes only (data access control);

(ea)

ensure that all authorities with a right of access to SIS II or to the data processing facilities create profiles describing the functions and responsibilities for persons who are authorised to access, enter, update, delete and search the data and make these profiles available to the national supervisory authorities without delay upon their request (personnel profiles)

(f)	ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control);

(g)	ensure that it is subsequently possible to verify and establish which personal data have been input into automated data-processing systems, when, by whom and for what purpose the data were input (input control);

(h)	prevent the unauthorised reading, copying, modification or deletion of personal data during transfers of personal data, in particular by means of appropriate encryption techniques (transport control).

(ha)	monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure the compliance with this Decision (...) (self-auditing).

2.   Member States shall take measures equivalent to those referred to in paragraph 1 as regards security in respect of the exchange of supplementary information.

3.   (...)

4.   (...)

Article 10A

Confidentiality

Each Member State shall apply its rules of professional secrecy or other equivalent obligations of confidentiality to all persons and bodies required to work with SIS II data and supplementary information, in accordance with its national legislation. This obligation shall also apply after those people leave office or employment or after the termination of the activities of those bodies.

Article 11

Keeping of records at national level

1.

(a) Member States not using national copies shall ensure that every access to and all exchanges of personal data with the CS-SIS are recorded in the N.SIS II for the purposes of checking whether the search is admissible or not, for the purpose of monitoring the lawfulness of data processing, for selfmonitoring, ensuring the proper functioning of the N.SIS II, data integrity and security. (b) Member States using national copies shall ensure that every access to and all exchanges of SIS II data are recorded for the purposes specified in paragraph 1(a), with the exception of exchanges connected to the services referred to in Article 4(4).

1a   (moved to 1(b))

2.   The records shall show, in particular, the history of the alerts, the date and time of the data transmitted, the data used to perform a search, the reference to the data transmitted and the name of both the competent authority and the person responsible for processing the data.

3.   The records may only be used for the purpose specified in paragraph 1 and shall be deleted at the earliest after a period of one year and at the latest after a period of three years after their creation. The records which include the history of alerts shall be erased after a period of one to three years after the deletion of the alerts.

4.   Records may be kept longer if they are required for monitoring procedures which have already begun.

4a   The competent national authorities in charge of checking whether the search is admissible or not, for the purpose of monitoring the lawfulness of data processing, for self-monitoring, ensuring the proper functioning of the N.SIS II, data integrity and security, shall have access, within the limits of their competence and upon request, to these records to ensure that they are able to fulfil their tasks.

Article 11A

Self-monitoring

The Member States shall ensure that each authority entitled to access SIS II data shall take the measures necessary to ensure compliance with this Decision and shall cooperate, with the National Supervisory Authority, as referred to in Article 53.

Article 11B

Staff training

Before being authorised to process data stored in the SIS II, staff of the authorities with a right to access the SIS II shall receive appropriate training about data-security and data-protection rules and shall be informed of any relevant criminal offences and penalties.

Chapter III

Responsibilities of the Management Authority

Article 12

Operational management

1.   A Management Authority, which shall be funded by the budget of the European Union, shall be responsible for the operational management of the Central SIS II. It shall also be responsible for the following tasks related to the Communication Infrastructure:

(a)	supervision;

(b)

security;

(c)	the coordination of relations between the Member States and the provider.

2.   The Commission shall be responsible for all other tasks related to the Communication Infrastructure, in particular:

(a)	budget implementing tasks;

(b)	acquisition and renewal;

(c)	contractual matters.

3.   During a transitional period before the Management Authority mentioned in paragraph 1 takes up its responsibilities, the Commission shall be responsible for the operational management of the Central SIS II. The Commission may entrust the exercise of this management as well as of budget implementing tasks, in accordance with the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (16), to national public sector bodies, in two different countries.

3aa   Each national public sector body, as referred to in paragraph 3, must comply in particular with the following selection criteria:

(a)	it must demonstrate a long term experience in operating a large-scale information system with the functionalities referred to in Article 4(4);

(b)	it must possess a long term expertise in the service and security requirements of an information system comparable to the functionalities referred to in Article 4(4);

(c)	it must have sufficient and experienced staff with the appropriate professional expertise and linguistic skills to work in an international cooperation environment such as that provided for in Article 4;

(d)	it must have a secure and (...) custom-built facility infrastructure available, in particular able to back-up and guarantee the continuous functioning of large-scale IT systems; and

(e)	it must work in an administrative environment allowing it to implement its tasks properly and avoid any conflict of interests.

3a   The Commission shall prior to any such delegation and at regular intervals afterwards inform the European Parliament and the Council about the conditions of delegation, the precise scope of the delegation, and the bodies to which tasks are delegated.

3b   In case the Commission delegates its responsibility during the transitional period pursuant to paragraph 3 it shall ensure that this delegation fully respects the limits set by the institutional system laid out in the Treaty. It shall ensure, in particular, that this delegation does not adversely affect any effective control mechanism under European Union law, be it by the Court of Justice, the Court of Auditors or the European Data Protection Supervisor.

4.   Operational management of the Central SIS II shall consist of all the tasks necessary to keep the Central SIS II functioning on a 24 hours a day, 7 days a week basis in accordance with this Decision, in particular the maintenance work and technical developments necessary for the smooth running of the system.

5.   (deleted)

6.   The Management Authority shall ensure, in cooperation with the Member States, that at all times the best available technology, subject to a cost-benefit analysis, is used for the Central SIS II.

Article 13

Security (...)

1.   The Management Authority shall, in relation to the Central SIS II and the Commission in relation to the Communication Infrastructure, adopt the necessary measures, including the adoption of a security plan, in order to:

(aa)	physically protect data including by making contingency plans for the protection of critical infrastructure;

(a)	deny unauthorised persons access to data-processing facilities used for processing personal data (facilities access control);

(b)	prevent the unauthorised reading, copying, modification or removal of data media (data media control);

(c)	prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control);

(d)	prevent the use of automated data-processing systems by unauthorised persons using data communication equipment (user control);

(e)	ensure that persons authorised to use an automated data-processing system have access only to the data covered by their access authorisation and with individual and unique user identities and confidential access modes only (data access control);

(ea)	create profiles describing the functions and responsibilities for persons who are authorised to access the data or the data processing facilities and make these profiles available to the European Data Protection Supervisor without delay upon its request (personnel profiles);

(f)	ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control);

(fa)	ensure that it is subsequently possible to verify and establish which personal data have been input into automated data-processing systems, when and by whom the data were input (input control);

(g)	prevent the unauthorised reading, copying, modification or deletion of personal data during transfers of personal data or during transportation of data media in particular by means of appropriate encryption techniques (transport control);

(ga)	monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure the compliance with this Decision (...) (self-auditing).

2.   The Management Authority shall take measures equivalent to those referred to in paragraph 1 as regards security (...) in respect of the exchange of supplementary information through the Communication Infrastructure.

3.   (...)

Article 13A

Confidentiality

1.   Without prejudice to Article 17 of the Staff Regulations of Officials of the European Communities, the Management Authority shall apply appropriate rules of professional secrecy or other equivalent obligations of confidentiality to all its staff required to work with SIS II data on comparable standards to those provided in Article 10A. This obligation shall also apply after those people leave office or employment or after the termination of their activities.

2.   The Management Authority shall take measures equivalent to those referred to in paragraph 1 as regards (...) confidentiality in respect of the exchange of supplementary information through the Communication Infrastructure.

Article 14

Keeping of records at central level

1.   The Management Authority shall ensure that every access to and all exchanges of personal data within the CS-SIS are recorded for the purposes provided for in Article 11(1).

2.   The records shall show, in particular, the history of the alerts, the date and time of the data transmitted, the data used to perform a search, the reference to the data transmitted and the identification of the competent authority responsible for processing the data.

3.   The records may only be used for the purposes provided for in paragraph 1 and shall be deleted at the earliest after a period of one year and at the latest after a period of three years after their creation. The records which include the history of alerts shall be erased after a period of one to three years after the deletion of the alerts.

4.   Records may be kept longer if they are required for monitoring procedures which have already begun.

4a   The competent authorities in charge of checking whether the search is admissible or not, for the purpose of monitoring the lawfulness of data processing, for self-monitoring, ensuring the proper functioning of the CS-SIS, data integrity and security, shall have access, within the limits of their competence and upon request, to these records to ensure that they are able to fulfil their tasks.

Article 14AA

Information campaign

The Commission shall, in cooperation with the National Supervisory Authorities referred to in Article 53 (1a), and the European Data Protection Supervisor, referred to in Article 53A(1), accompany the start of the operation of the SIS II with an information campaign informing the public about the objectives, the data stored, the authorities with access and the rights of persons. After its establishment, the Management Authority, in cooperation with the National Supervisory Authorities and the European Data Protection Supervisor, shall repeat such campaigns regularly. Member States shall, in cooperation with their national supervisory authorities, devise and implement the necessary policies to inform their citizens in general about the SIS II.

Chapter IIIA

Categories of data and Flagging

Article 14A

Categories of data

1.   Without prejudice to Article 8(1) or the provisions of this Decision providing for the storage of additional data, the SIS II shall contain only those categories of data which are supplied by each of the Member States, as required for the purposes laid down in Articles 15, 23, 27, 31 and 35.

2.   The categories of data shall be as follows:

(a)	persons for whom an alert has been issued;

(b)	objects referred to in Articles 31 and 35.

3.   The information on persons for whom an alert has been issued shall be no more than the following:

(a)	surname(s) and forename(s), name at birth and previously used names and any aliases possibly entered separately;

(b)	any specific, objective, physical characteristics not subject to change;

(c)	place and date of birth;

(d)

sex;

(e)	photographs;

(f)	fingerprints;

(g)	nationality(ies);

(h)	whether the persons concerned are armed, violent or have escaped;

(i)	reason for the alert;

(j)	authority issuing the alert;

(k)	a reference to the decision giving rise to the alert (...);

(l)	action to be taken;

(m)	link(s) to other alerts issued in the SIS II pursuant to Article 46;

(n)	the type of offence.

4.   (...)

5.   The technical rules necessary for entering, updating, deleting and searching the data referred to in paragraphs 2 and 3 shall be established in accordance with the procedure referred to in Article 61, without prejudice to the provisions of the instrument setting up the Management Authority referred to in Article 12.

5a   The technical rules necessary for searching data referred to in paragraph 5 shall be similar for searches in the CS-SIS, in national copies and in technical copies, as referred to in Article 40(2).

Article 14AB

Proportionality clause

The Member State issuing an alert shall determine whether the case is adequate, relevant and important enough to warrant entry of the alert in the SIS II.

Article 14AC

Specific rules for photographs and fingerprints

Photographs and fingerprints as referred to in Article 14A(3)(e) and (f) shall be used subject to the following provisions:

(a)

Photographs and fingerprints shall only be entered following a special quality check to ascertain the fulfilment of a minimum data quality standard. The specification of the special quality check shall be established in accordance with the procedure referred to in Article 61, without prejudice to the provisions of the instrument setting up the Management Authority referred to in Article 12.

(b)	Photographs and fingerprints shall only be used to confirm the identity of a person who has been found as a result of an alphanumeric search made in the SIS II.

(c)

As soon as technically possible, fingerprints may also be used to identify a person on the basis of his/her biometric identifier. Before this functionality is implemented in the SIS II, the Commission shall present a report on the availability and readiness of the required technology, on which the European Parliament shall be consulted.

Article 14AD

Requirement for an alert to be entered

1.   Alerts on persons cannot be entered without the data referred to in Articles 14A(3)(a), 14A(3)(d), 14A(3)(l) as well as, where applicable, Article 14A(3)(k).

2.   In addition, when available, all other data listed in Article 14A(3) shall (...) be entered.

Article 14B

General Provisions on Flagging

1.   Where a Member State considers that giving effect to an alert entered in accordance with Article 15, Article 23 or Article 31 is incompatible with its national law, its international obligations or essential national interests, it may subsequently require that a flag is added to the alert to the effect that the action to be taken on the basis of the alert will not be taken in its territory. The flag shall be added by the Sirene Bureau of the Member State which entered the alert.

2.   In order to enable Member States to require that a flag be added to an alert issued in accordance with Article 15, all Member States shall be notified automatically about any new alert of that category by the exchange of supplementary information.

3.   (...)

4.   If in particularly urgent and serious cases, an issuing Member State requests the execution of the action, the executing Member State shall examine whether it is able to allow the flag added at its behest to be withdrawn. If the executing Member State is able to do so, it shall take the necessary steps to ensure that the action to be taken can be carried out immediately.

Article 14C

Flagging related to alerts for arrest for surrender purposes

1.   Where Framework Decision 2002/584/JHA (17) applies, a flag preventing arrest shall only be added to an alert for arrest for surrender purposes where the competent judicial authority under national law for the execution of a European Arrest Warrant has refused its execution (...) on the basis of a ground for nonexecution and (...) where the addition of the flag has been required.

2.   However, at the behest of a competent judicial authority under national law, either on the basis of a general instruction or in a specific case, a flag may also be required to be added to an alert for arrest for surrender purposes if it is obvious that the execution of the European Arrest Warrant will have to be refused.

Chapter IV

Alerts in respect of persons wanted for arrest for surrender or extradition purposes

Article 15

Objectives and conditions for issuing alerts

1.   Data on persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes shall be entered at the request of the judicial authority of the issuing Member State.

2.    Data on persons wanted for arrest for surrender purposes shall also be entered on the basis of arrest warrants issued in accordance with Agreements concluded between the European Union and third states on the basis of Articles 24 and 38 of the Treaty on European Union for the purpose of surrender of persons on the basis of an arrest warrant which provide for the transmission of such an arrest warrant via the Schengen Information System.

Article 16

Additional data on persons wanted for arrest with a view to surrender or extradition

(...)

Article 17

Additional data on persons wanted for arrest for surrender purposes

1.   If a person is wanted for arrest for surrender purposes on the basis of a European Arrest Warrant the issuing Member State shall enter into the SIS II a copy of the original of the European Arrest Warrant.

2.   The issuing Member State may enter a copy of a translation of the (...) European Arrest Warrant in one or more other official languages of the institutions of the European Union.

(...)

Article 17A

Supplementary information on persons wanted for arrest for surrender purposes

1.   The Member State which entered the alert into the SIS II for arrest for surrender purposes shall communicate the information referred to in Article 8(1) of Framework Decision 2002/584/JHA through the exchange of supplementary information to all Member States.

(...)

Article 17B

Supplementary information on persons wanted for arrest for extradition purposes

1.   The Member State which entered the alert into the SIS II for extradition purposes shall communicate the following data through the exchange of supplementary information to all Member States:

(a)	the authority which issued the request for arrest;

(b)	whether there is an arrest warrant or a document having the same legal effect, or an enforceable judgement;

(c)	the nature and legal classification of the offence;

(d)	a description of the circumstances in which the offence was committed, including the time, place and the degree of participation in the offence by the person for whom the alert has been issued;

(e)	in so far as possible, the consequences of the offence;

(f)	or any other information useful or necessary for the execution of the alert.

2.   The data mentioned in paragraph 1 shall not be communicated where the data referred to in Articles 17 or 17A has already been provided and is considered being sufficient for the execution of the alert by the executing Member State.

Article 18

Authorities with right to access to alerts and additional data on persons wanted for arrest

(...)

Article 19

Conservation period of the alerts and additional data for arrest

(...)

Article 20

Conversion of alerts on persons wanted for arrest for surrender purposes or extradition purposes

If the arrest cannot be made either because (...) a requested Member State refuses in accordance with the procedures on flagging set out in Articles 14B or 14C, or because, in the case of an alert for arrest for extradition purposes, an investigation has not been completed, this Member State must regard the alert as being an alert for the purposes of communicating the whereabouts of the person concerned.

Article 21

Flagging related to alerts for arrest and surrender

(...)

Article 22

Execution of action based on an alert on a person wanted for arrest with a view to surrender or extradition

1.   (...) An alert entered in the SIS II in accordance with Article 15 in combination with the additional data referred to in Article 17, shall constitute and have the same effect as a European Arrest Warrant issued in accordance with (...) Framework Decision 2002/584/JHA, where this Framework Decision applies.

2.   Where Framework Decision 2002/584/JHA does not apply, an alert entered in the SIS II (...) in accordance with Article 15 and 17B shall have the same force as a request for provisional arrest under Article 16 of the European Convention on Extradition of 13 December 1957 or Article 15 of the Benelux Treaty concerning Extradition and Mutual Assistance in Criminal Matters of 27 June 1962, as amended by the protocol of 11 May 1974.

Chapter V

Alerts on missing persons (...)

Article 23

Objectives and conditions for issuing alerts

1.   Data on missing persons (...) who (...) need to be placed under protection and/or whose whereabouts need to be ascertained shall be entered into the SIS II at the request of the competent authority of the Member State issuing the alert.

2.   The following categories of missing persons may be entered:

(a)	missing persons who need to be placed under protection (i) for their own protection; (ii) in order to prevent threats;

(b)	missing persons who do not need to be placed under protection.

2a   Paragraph 2(a) shall apply only to persons who must be interned following a decision by a competent authority.

2b   Paragraphs 1 to 2a shall apply in particular to minors.

2c   Member States shall ensure that the data entered into SIS II indicates into which of the categories mentioned in paragraph 2 the missing person falls.

Article 24

Authorities with right to access to alerts

(...)

Article 25

Conservation period of the alerts

(...)

Article 26

Execution of action based on an alert

1.   Where persons referred to in Article 23 are found, the competent authorities shall, subject to paragraph 2, communicate their whereabouts to the Member State issuing the alert. They may, in the cases referred to in Article 23(2)(a) move the persons to a safe place in order to prevent them from continuing their journey, if so authorised by national law.

2.   The communication, other than between the competent authorities, of data on a missing person who has been found and who is of age shall be subject to that person's consent. However, the competent authorities may communicate the fact that the alert has been erased because the person has been located (...) to an interested person who reported the person missing.

Chapter VI

Alerts on persons who are sought so as to be able to assist with a judicial procedure

Article 27

Objectives and conditions for issuing alerts

For the purposes of communicating their place of residence or domicile Member States shall, at the request of a competent authority, enter in the SIS II data on:

—	witnesses;

—	persons summoned or persons searched to be summoned to appear before the judicial authorities in connection with criminal proceedings in order to account for acts for which they are being prosecuted;

—	persons who are to be served with a criminal judgment or other documents in connection with criminal proceedings in order to account for acts for which they are being prosecuted;

—	persons who are to be served with a summons to report in order to serve a penalty involving deprivation of liberty.

Article 28

Authorities with right to access to alerts

(...)

Article 29

Conservation period of alerts

(...)

Article 30

Execution of the action based on an alert

The information requested shall be communicated to the requesting Member State through the exchange of supplementary information.

Chapter VII

Alerts on persons and objects for discreet checks or specific checks

Article 31

Objectives and conditions for issuing alerts

1.   Data on persons or vehicles, boats, aircrafts and containers shall be entered in accordance with the national law of the Member State issuing the alert, for the purposes of discreet checks or of specific checks in accordance with Article 32(4).

2.   Such an alert may be issued for the purposes of prosecuting criminal offences and for the prevention of threats to public security:

(a)	where there is clear indication that a person intends to commit or is committing an (...) serious criminal offence, such as the offences referred to in Article 2(2) of the Framework Decision 2002/584/JHA; or

(b)	where an overall assessment of a person, in particular on the basis of past criminal offences, gives reason to suppose that that person will also commit (...) serious criminal offences in the future, such as the offences referred to in Article 2(2) of the Framework Decision 2002/584/JHA;

3.   In addition, an alert may be issued in accordance with national law, at the request of the authorities responsible for national security, where there is concrete indication that the information referred to in Article 32(1) is necessary in order to prevent a serious threat by the person concerned or other serious threats to internal or external national security. The Member State issuing the alert pursuant to this paragraph shall (...) inform the other Member States thereof. Each Member State shall determine to which authorities this information shall be transmitted.

3a   Alerts on vehicles, boats, aircrafts and containers may be issued where there is a clear indication that they are connected with the serious criminal offences referred to in paragraph 2 or the serious threats referred to in paragraph 3.

Article 32

Execution of the action based on an alert

1.   For the purposes of discreet checks or specific checks, all or some of the following information may be collected and communicated to the authority issuing the alert when border control or other police and customs checks are carried out within the country:

(a)	the fact that the person for whom, or the vehicle, boat, aircraft or container for which an alert has been issued has been found;

(b)	the place, time or reason for the check;

(c)	the route and destination of the journey;

(d)	the persons accompanying the persons concerned or the occupants of the vehicle, boat or aircraft who can reasonably be expected to be associated to the persons concerned;

(e)	the vehicle, boat, aircraft or container used;

(f)	objects carried;

(g)	the circumstances under which the person or the vehicle, boat, aircraft or container was found.

2.   The information referred to in paragraph 1 shall be communicated through the exchange of supplementary information.

3.   For the collection of the information referred to in paragraph 1, Member States shall take the necessary steps not to jeopardise the discreet nature of the check.

4.   During the specific checks referred to in Article 31, persons, vehicles, boats, aircraft, containers and objects carried may be searched in accordance with national law for the purposes referred to in that Article. If specific checks are not authorised under the law of a Member State, they shall automatically be replaced, in that Member State, by discreet checks.

Article 33

Authorities with right to access to alerts

(...)

Article 34

Conservation period of alerts

(...)

Chapter VIII

Alerts on objects for seizure or use as evidence in criminal proceedings

Article 35

Objectives and conditions for issuing alerts

1.   Data on objects sought for the purposes of seizure or use as evidence in criminal proceedings shall be entered in the SIS II.

2.   The following categories of readily identifiable objects shall be entered:

(a)	motor vehicles with a cylinder capacity exceeding 50cc, boats and aircrafts;

(b)	trailers with an unladen weight exceeding 750 kg, caravans, industrial equipment, outboard engines and containers;

(c)

firearms;

(d)	blank official documents which have been stolen, misappropriated or lost;

(e)	issued identity papers such as passports, identity cards, driving licenses, residence permits and travel documents which have been stolen, misappropriated, lost or invalidated;

(f)	vehicle registration certificates and vehicle number plates which have been stolen, misappropriated, lost or invalidated;

(g)	banknotes(registered notes);

(h)	securities and means of payment such as cheques, credit cards, bonds, stocks and shares which have been stolen, misappropriated, lost or invalidated.

3.   The technical rules necessary for entering, updating, deleting and searching the data referred to in paragraph 2 shall be established in accordance with the procedure referred to in Article 61, without prejudice to the provisions of the instrument setting up the Management Authority referred to in Article 12.

Article 36

Execution of the action based on an alert

1.   If a search brings to light an alert for an object which has been found, the authority which matched the two items of data shall contact the authority which issued the alert in order to agree on the measures to be taken. For this purpose, personal data may also be communicated in accordance with this Decision.

2.   The information referred to in paragraph 1 shall be communicated through the exchange of supplementary information.

3.   The measures to be taken by the Member State which found the object must be in accordance with its national law.

Chapter VIIIA

Right to access and conservation of alerts

Article 37

Authorities with the right to access alerts

1.   Access to data entered in the SIS II in accordance with this Decision and the right to search such data directly or in a copy of data of the CS-SIS shall be reserved exclusively to the authorities responsible for:

(a)	border control, in accordance with Regulation (EC) No 562/2006 of the European Parliament and the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code);

(b)	other police and customs checks carried out within the country, (...) the coordination of such checks by designated authorities.

2.   However, access to data entered in the SIS II and the right to search such data directly may also be exercised by national judicial authorities, inter alia, those responsible for the initiation of public prosecutions in criminal proceedings and judicial inquiries prior to indictment, in the performance of their tasks, as set out in national legislation, as well as their coordinating authorities.

3.   (moved to Article 37C)

3a   The authorities referred to in this Article shall be included in the list referred to in Article 40(7).

Article 37A

Access to SIS II data by Europol

1.   The European Police Office(Europol) shall within its mandate have the right to have access to, and to search directly, data entered into the SIS II in accordance with Articles 15, (...), 31 and 35.

2.   (moved to Article 37C)

3.   Where a search by Europol reveals the existence of an alert in the SIS II, Europol shall inform, via the channels defined by the Europol Convention, the Member State which issued the alert thereof.

4.   Use of information obtained from a search in the SIS II is subject to the consent of the Member State concerned. If the Member State allows the use of such information, the handling thereof shall be governed by the Europol Convention. Europol may only communicate such information to third States and third bodies with the consent of the Member State concerned.

5.   Europol may request further information from the Member State concerned in accordance with the provisions set out in the Europol Convention.

6.   Europol shall:

(a)	record every access and search made by it, in accordance with the provisions of Article 11;

(b)	without prejudice to paragraphs 4 and 5, not connect parts of the SIS II nor transfer the data contained therein to which it has access to any computer system for data collection and processing in operation by or at Europol nor download or otherwise copy any parts of the SIS II;

(c)	limit access to data entered into the SIS II to specifically authorised staff of Europol;

(d)	adopt and apply measures provided for in Articles 10 and 10A;

(e)	allow the Joint Supervisory Body, set up under Article 24 of the Europol Convention, to review the activities of Europol in the exercise of its right to accede to and to search data entered into the SIS II.

Article 37B

Access to SIS II data by Eurojust

1.   The national members of Eurojust and their assistants shall within their mandate have the right to have access to, and search, data entered in accordance with Articles 15, 23, 27 and 35 into the SIS II.

2.   (moved to Article 37C)

3.   Where a search by a national member of Eurojust reveals the existence of an alert in the SIS II, he or she shall inform the Member State having issued the alert thereof. Any communication of information obtained from such a search may only be communicated to the third States and third bodies with the consent of the Member State having issued the alert.

4.   Nothing in this article shall be interpreted as affecting the provisions of the Council Decision setting up Eurojust concerning data protection and the liability for any unauthorised or incorrect processing of such data by national members of Eurojust or their assistants, or as affecting the powers of the Joint Supervisory Body set up pursuant to Article 23 of that Council Decision.

5.   Every access and search made by a national member of Eurojust or an assistant shall be recorded in accordance with the provisions of Article 11 and every use made by them of data to which they have acceded shall be registered.

6.   No parts of the SIS II shall be connected nor shall the data contained therein to which the national members or their assistants have access be transferred to any computer system for data collection and processing in operation by or at Eurojust nor shall any parts of the SIS II be downloaded.

7.   The access to data entered into the SIS II shall be limited to the national members and their assistants and not be extended to Eurojust staff.

8.   Measures as provided for in Articles 10 and 10A shall be adopted and applied.

Article 37C

Limits of access

Users, as well as Europol, the national members of Eurojust and their assistants, may only access data which they require for the performance of their tasks.

Article 38

Conservation period of alerts on persons

1.   Alerts on persons entered into the SIS II pursuant to this Decision shall be kept only for the time required to meet the purposes for which they were supplied.

2.   Within three years of entering such an alert into the SIS II the necessity of keeping the alert shall be reviewed by the Member State issuing it. The period shall be one year in the case of alerts on persons pursuant to Article 31. (...)

2aa   Each Member State shall, where appropriate, set shorter review periods in accordance with its national law.

2a   The Member State issuing the alert may, within the review period, decide, following a comprehensive individual assessment, which shall be (...) recorded, to keep the alert should this prove necessary for the purposes for which the alert was issued. In this case paragraph 2 applies accordingly. Any extension of the alert must be communicated to the CS-SIS.

3.   Alerts shall automatically be erased after the reviewing period referred to in paragraph 2 has expired. This will not apply in case the Member State issuing the alert communicated the extension of the alert to the CS-SIS as referred to in paragraph 2a. The CS-SIS shall automatically inform the Member States of scheduled deletion of data from the system four months in advance.

4.   (moved to paragraph 3)

4a   Member States shall keep statistics about the number of alerts the conservation period of which has been extended in accordance with paragraph 2a.

5.   (...)

6.   (...)

Article 38A

Conservation period of alerts on objects

1.   Alerts on objects entered into the SIS II pursuant to this Decision shall be kept only for the time required to meet the purposes for which they were supplied.

2.   Alerts on objects entered in accordance with Article 31 shall be kept for a maximum of five years.

3.   Alerts on objects entered in accordance with Article 35 shall be kept for a maximum of ten years.

4.   The conservation periods referred to in paragraphs 2 and 3 may be extended should this prove necessary for the purposes for which the alert was issued. In this case, paragraphs 2 and 3 apply accordingly.

Chapter IX

General data processing rules

Article 39

Categories of data

(...)

Article 40

Processing of SIS II data

1.   The Member States may process the data provided for in Articles 15, 23, 27, 31 and 35 only for the purposes laid down for each category of alert referred to in those Articles.

2.   Data may only be copied for technical purposes, provided that such copying is necessary in order for the authorities referred to in Article 37 to carry out a direct search. The provisions of this Decision shall apply to these copies. Alerts issued by other Member States may not be copied from the N.SIS II into other national data files.

2A

(a) Technical copies, as referred to in paragraph 2, which lead to off-line databases may only be created for a period that shall not exceed 48 hours. This duration may be extended in emergency situations. These copies shall be destroyed once the emergency situation comes to an end. (b) (...) Member States shall keep an up-to-date inventory of these copies, make this inventory available to National Supervisory Authorities, as referred to in Article 53(1a) and ensure that the provisions of this Decision, in particular those referred to in Article 10, are applied in respect of these copies.

3.   Access to SIS II data shall only be authorised within the limits of the competence of the national authority and to duly authorised staff.

4.   With regard to the alerts laid down in Articles 15, 23, 27, 31 and 35 of this Decision, any processing of information contained therein for purposes other than those for which it was entered into the SIS II must be linked with a specific case and justified by the need to prevent an imminent serious threat to public policy and public security, on serious grounds of national security or for the purposes of preventing a serious criminal offence. Prior authorisation from the Member State issuing the alert must be obtained for this purpose.

5.   Data may not be used for administrative purposes.

6.   Any use of data which does not comply with paragraphs 1 to 5 shall be considered as misuse under the national law of each Member State.

7.   Each Member State shall send to the Management Authority a list of competent authorities which are authorised to search the data contained in the SIS II directly pursuant to this Decision and any changes thereto. That list shall specify, for each authority, which data it may search and for what purposes. The Management Authority shall ensure the annual publication of the list in the Official Journal of the European Union.

Article 41

Entering a reference number

(...)

Article 42

SIS II data and national files

1.   Article 40(2) shall not prejudice the right of a Member State to keep in its national file SIS II data in connection with which action has been taken on its territory. Such data shall be kept in national files for a maximum period of three years, except if specific provisions in national law provide for a longer retention period.

2.   Article 40(2) shall not prejudice the right of a Member State to keep in its national files data contained in a particular alert, which that Member State has issued in the SIS II.

Article 42A

SIS II alerts and national law

1.   (...)

2.   Insofar as European Union law does not lay down specific provisions, the law of each Member State shall apply to data entered in its N.SIS II.

3.   If the requested action cannot be performed, the requested Member State shall immediately inform the Member State issuing the alert.

Article 43

Quality of the data processed in the SIS II (...)

1.   The Member State issuing the alert shall be responsible for ensuring that the data is accurate, up-todate and is entered in the SIS II lawfully.

2.   Only the Member State issuing the alert shall be authorised to modify, add to, correct, update or delete data which it has entered.

3.   If one of the Member States which has not issued the alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored, it shall, through the exchange of supplementary information, inform the Member State issuing the alert thereof at the earliest opportunity and not later than ten days after the said evidence has come to its attention; the latter shall (...) check the communication and, if necessary, correct or delete the item in question without delay.

4.   If the Member States are unable to reach agreement within two months, the Member State which did not issue the alert shall submit the case to the European Data Protection Supervisor who shall jointly with the involved National Supervisory Authorities, as referred to in Article 53(1a), act as mediator.

5.   (...)

5a   The Member States shall exchange supplementary information if a person claims not to be the person wanted by an alert. If the outcome of the check is that there are in fact two different persons this person shall be informed about the provisions referred to in Article 44.

6.   Where a person is already the subject of an alert in the SIS II, a Member State which enters a further alert shall reach agreement on the entry of the alert with the Member State which entered the first alert. The agreement shall be reached on the basis of the exchange of supplementary information.

Article 43A

Distinguishing between persons with similar characteristics

When, while introducing a new alert, it appears that there is already a person in the SIS II with the same identity description element, the following procedure shall be followed:

(a)	the Sirene bureau shall contact the requesting department to clarify whether the alert is on the same person or not;

(b)

if the cross-check reveals that the person in question is indeed one and the same, the Sirene bureau shall apply the procedure for entering multiple alerts as referred to in Article 43(6). If the outcome of the check is that there are in fact two different people, the Sirene bureau approves the request for entering another alert by adding the necessary elements to avoid any misidentifications.

Article 44

Additional data for the purpose of dealing with misused identities

1.   Where confusion may arise between the person actually intended by an alert and a person whose identity has been misused, the Member State which entered the alert shall, subject to that person's explicit consent, add data related to the latter to the alert in order to avoid the negative consequences of misidentifications.

2.   The data related to a person whose identity has been misused shall only be (...) used for the following purposes:

(a)	to allow the competent authority to differentiate the person whose identity has been misused from the person actually intended by the alert;

(b)	to allow the person whose identity has been misused to prove his identity and to establish that his identity has been misused.

3.   No more than the following personal data may be entered and further processed in SIS II for the purpose of this article:

(a)	surname(s) and forename(s), name at birth and previously used names and any aliases possibly entered separately;

(b)	any specific objective and physical characteristic not subject to change;

(c)	place and date of birth;

(d)

sex;

(e)	photographs;

(f)	fingerprints;

(g)	nationality(ies);

(h)	number(s) of identity paper(s) and date of issuing.

3a   The technical rules necessary for entering, updating and deleting the data referred to in paragraph 3 shall be established in accordance with the procedure referred to in Article 61, without prejudice to the provisions of the instrument setting up the Management Authority referred to in Article 12.

4.   The data referred to in paragraph 3 shall be erased at the same time as the corresponding alert or earlier if the person so requests.

5.   Only the authorities having the right to access the corresponding alert may access the data referred to in paragraph 3 and may do so for the sole purpose of avoiding misidentification.

Article 45

Flagging

(...)

Article 46

Links between alerts

1.   A Member State may create a link between alerts it issues in the SIS II. The effect of such a link shall be to establish a relationship between two or more alerts.

2.   The creation of a link shall not affect the specific action to be taken on the basis of each linked alert or the conservation period of each of the linked alerts.

3.   The creation of a link shall not affect the rights to access provided for in this Decision. Authorities with no right to access certain categories of alerts shall not be able to see the link to an alert to which they do not have access.

3a   A Member State shall create a link between alerts only when there is a clear operational need.

3b   Links may be created by a Member State in accordance with its national legislation provided that the principles outlined in the present Article are respected.

4.   When a Member State considers that the creation of a link by another Member State between alerts is incompatible with its national law or international obligations, it may take the necessary measures to ensure that there can be no access to the link from its national territory or by its authorities located outside its territory.

4a   The technical rules for linking alerts shall be adopted in accordance with the procedure defined in Article 61, without prejudice to the provisions of the instrument setting up the Management Authority referred to in Article 12.

Article 47

Purpose and conservation period of supplementary information

1.   Member States shall keep a reference to the decisions giving rise to the alert at the Sirene bureau to support the exchange of supplementary information.

2.   Personal data held in files by the Sirene Bureau as a result of information exchanged (...) shall be kept only for such time as may be required to achieve the purposes for which they were supplied. They shall in any event be deleted at the latest one year after the alert related to the person concerned has been deleted from the SIS II.

3.   Paragraph 2 shall not prejudice the right of a Member State to keep in national files data relating to a particular alert which that Member State has issued or to an alert in connection with which action has been taken on its territory. The period of time for which such data may be held in such files shall be governed by national law.

Article 48

Transfer of personal data to third parties

1.   (...) Data processed in the SIS II in application of this Decision shall not be transferred or made available to a third country or to an international organisation.

2.   (...)

Article 48AA

Exchange of data on stolen, misappropriated, lost or invalidated passports with Interpol

1.   By way of derogation from Article 48, the passport number, country of issuance and the document type of stolen, misappropriated, lost or invalidated passports entered into the SIS II may be exchanged with members of Interpol by establishing a connection between the SIS II and the Interpol database on stolen or missing travel documents, subject to the conclusion of an Agreement between Interpol and the European Union. The Agreement shall provide that the transmission of data entered by a Member State shall be subject to the consent of that Member State.

2.   The Agreement referred to in paragraph 1 shall foresee that the data shared shall only be accessible to members of Interpol from countries that ensure an adequate level of protection of personal data. Before concluding this Agreement, the Council shall seek the opinion of the Commission on the adequacy of the level of protection of personal data and respect of fundamental rights and liberties regarding the automatic processing of personal data by Interpol and by countries which have delegated members to Interpol.

3.   The Agreement referred to in paragraph 1 may also provide for access through the SIS II for the Member States to data from the Interpol database on stolen or missing travel documents, in accordance with the relevant provisions of this Decision governing alerts on stolen, misappropriated, lost and invalidated passports entered in the SIS II.

Chapter X

Data protection

Article 48A

Processing of sensitive categories of data

Processing of the categories of data listed in the first sentence of Article 6 of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981, shall not be authorised.

Article 49

Application of the Council of Europe Data Protection Convention

Personal data processed in application of this Decision shall be protected in accordance with the Council of Europe Convention of 28 January 1981 for the protection of individuals with regard to automatic processing of personal data and subsequent amendments thereto.

Article 50

Right of access, correction of inaccurate data and deletion of unlawfully stored data

1.   The right of persons to have access to data entered in the SIS II in accordance with this Decision which relate to them shall be exercised in accordance with the law of the Member State before which they invoke that right. If national law so provides, the national supervisory authority provided for in Article 53(1) shall decide whether information shall be communicated and by what procedures. A Member State which has not issued the alert may communicate information concerning such data only if it has previously given the Member State issuing the alert an opportunity to state its position. This shall be done through the exchange of supplementary information.

2.   Communication of information to the data subject shall be refused if this is indispensable for the performance of a lawful task in connection with the alert or for the protection of the rights and freedoms of third parties.

3.   Any person has the right to have factually inaccurate data relating to them corrected or unlawfully stored data relating to them deleted.

3a   The (...) individual concerned shall be informed as soon as possible and in any event not later than 60 days from the date on which he applies for access. If national law provides for a shorter delay, the latter shall be respected.

3b   The individual shall be informed about the follow-up given to the exercise of his rights of correction and deletion as soon as possible and in any event not later than 3 months from the date on which he applies for correction or deletion. If national law provides for a shorter delay, the latter shall be respected.

Article 51

Right of access, rectification and erasure

(...)

Article 52

Remedies

1.   Any person may bring an action before the courts or the authority competent under national law of any Member State to correct, delete or obtain information or to obtain compensation in connection with an alert involving them.

2.   The Member States undertake mutually to enforce final decisions taken by the courts or authorities referred to in paragraph 1, without prejudice to the provisions of Article 54.

3.   The rules on remedies provided for in this Article shall be evaluated by the Commission two years after the entry into force of this Decision.

Article 53

Supervision of the N.SIS II

1a   Each Member State shall ensure that an independent authority (hereinafter referred to as the ‘National Supervisory Authority’) monitors independently the lawfulness of the processing of SIS II personal data on and from their territory, including the exchange and further processing of supplementary information.

1b   The authority or authorities referred to in paragraph 1a shall ensure that at least every four years an audit of the data processing operations in the N.SIS II is carried out according to international auditing standards.

1c   Member States shall ensure that the authority or authorities referred to in paragraph 1a have sufficient resources to fulfil the tasks entrusted to them by this Decision.

2.   (...)

3.   (...)

4.   (...)

5.   (...)

6.   (...)

Article 53A

Supervision of the Management Authority

1.   The European Data Protection Supervisor shall monitor the personal data processing activities of the Management Authority. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data shall apply accordingly.

2.   The European Data Protection Supervisor shall ensure that at least every four years an audit of the Management Authority's personal data processing activities is carried out according to international auditing standards. The report of the audit shall be sent to the European Parliament, the Council, the Management Authority, the Commission and the National Supervisory Authorities (...). The Management Authority shall be given an opportunity to make comments before the report is adopted.

Article 53B

Cooperation between National Supervisory Authorities and the EDPS

1.   The National Supervisory Authorities (...) and the European Data Protection Supervisor, each acting within the scope of their respective competences, shall cooperate actively in the framework of their responsibilities and shall ensure coordinated supervision of SIS II.

2.   They shall, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties of interpretation or application of this Decision, study problems with the exercise of independent supervision or in the exercise of the rights of the data subject, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as may be needed.

3.   The national supervisory authorities (...) and the European Data Protection Supervisor shall meet for that purpose at least twice a year. The costs and servicing of these meetings shall be at the charge of the European Data Protection Supervisor. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly according to need. A joint report of activities shall be sent to the European Parliament, the Council, the Commission and the Management Authority every two years.

Article 53C

Data protection during the transitional period

In case the Commission delegates its responsibilities during the transitional period, pursuant to Article 12(3), it shall ensure that the European Data Protection Supervisor shall have the right and possibility to fully exercise his tasks including the possibility to carry out checks on the spot or to exercise (...) any other powers endowed to the European Data Protection Supervisor by Article 47 of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.

Chapter XI

Liability and sanctions

Article 54

Liability

1.   Each Member State shall be liable in accordance with its national law for any injury caused to a person through the use of the N.SIS II. This shall also apply to injury caused by the Member State which issued the alert, where the latter entered factually inaccurate data or stored data unlawfully.

2.   If the Member State against which an action is brought is not the Member State issuing the alert, the latter shall be required to reimburse, on request, the sums paid out as compensation unless the data were used by the Member State requesting reimbursement in breach of this Decision.

3.   If failure of a Member State to comply with its obligations under this Decision causes damage to the SIS II, that Member State shall be held liable for such damage, unless and insofar as the Management Authority or other Member State(s) participating in the SIS II failed to take reasonable steps to prevent the damage from occurring or to minimise its impact.

Article 55

Sanctions

Member States shall ensure that any misuse of data entered into the SIS II or any exchange of supplementary information contrary to this Decision is subject to effective, proportionate and dissuasive sanctions in accordance with national law.

Chapter XII

Access to SIS II by Europol and Eurojust

(...)

Chapter XIII

Final Provisions

Article 59

Monitoring and statistics

1.   The Management Authority shall ensure that procedures are in place to monitor the functioning of the SIS II against objectives, in terms of output, cost-effectiveness, security and quality of service.

2.   For the purposes of technical maintenance, reporting and statistics, the Management Authority shall have access to the necessary information related to the processing operations performed in the Central SIS II.

2a   Each year the Management Authority shall publish statistics showing the number of records per category of alert, the number of hits per category of alert and how many times the SIS II was accessed, respectively given as a total and for each Member State.

3.   Two years after the SIS II starts operations and every two years thereafter, the Management Authority shall submit to the European Parliament and the Council a report on the technical functioning of the Central SIS II and the Communication Infrastructure, including its security, the bilateral and multilateral exchange of supplementary information between Member States.

4.   Three years after the SIS II starts operations and every four years thereafter, the Commission shall produce an overall evaluation of the Central SIS II and the bilateral and multilateral exchange of supplementary information between Member States. This overall evaluation shall include the examination of results achieved against objectives, assess the continuing validity of the underlying rationale, the application of this Decision in respect of the Central SIS II, the security of the Central SIS II and any implications of future operations. The Commission shall transmit the reports on the evaluation to the European Parliament and the Council.

5.   Member States shall provide the Management Authority and the Commission with the information necessary to draft the reports referred to in paragraph 2a, 3 and 4.

5a.   The Management Authority shall provide the Commission with the information necessary to produce the overall evaluations referred to in paragraph 4.

(...)

Article 60

Advisory Committee

(...)

Article 61

Regulatory Committee

1.   Where reference is made to this Article, the Commission shall be assisted by a regulatory Committee composed of the representatives of the Member States and chaired by the representative of the Commission. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chair may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the EC Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chair shall not vote.

2.   The Committee shall adopt its rules of procedure on a proposal made by the Chair on the basis of standard rules of procedure which have been published in the Official Journal of the European Union.

3.   The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken.

4.   The Council may act by qualified majority on the proposal, within a period of two months from the date of referral to the Council. If within that period the Council has indicated by qualified majority that it opposes the proposal, the Commission shall reexamine it. It may submit an amended proposal to the Council, re-submit its proposal or present a legislative proposal. If on the expiry of that period the Council has neither adopted the proposed implementing act nor indicated its opposition to the proposal for implementing measures, the proposed implementing act shall be adopted by the Commission.

5.   The (...) Committee referred to in paragraph 1 shall exercise its function from the date of entry into force of this Decision.

Article 62

Amendment of the provisions of the Schengen Acquis

1.   For the purposes of matters falling within the scope of the EU Treaty, this Decision replaces on the date referred to in Article 65(1a) the provisions of Articles 64 and 92 to 119 of the Schengen Convention, with the exception of Article 102A thereof.

2.   For the purposes of matters falling within the scope of the EU Treaty, this Decision also repeals, on the date referred to in Article 65(1a), the following provisions of the Schengen acquis implementing those articles (18):

—	Decision of the Executive Committee of 14 December 1993 on the Financial Regulation on the costs of installing and operating the Schengen information system (C.SIS) (SCH/Com-ex (93) 16);

—	Decision of the Executive Committee of 7 October 1997 on the development of the SIS (SCH/Com-ex (97) 24);

—	Decision of the Executive Committee of 15 December 1997 amending the Financial Regulation on C.SIS (SCH/Com-ex (97) 35);

—	Decision of the Executive Committee of 21 April 1998 on C.SIS with 15/18 connections (SCH/Com-ex (98) 11);

—	Decision of the Executive Committee of 25 April 1997 on awarding the contract for the SIS II Preliminary Study (SCH/Com-ex (97) 2 rev. 2);

—	Decision of the Executive Committee of 28 April 1999 on C.SIS installation expenditure (SCH/Com-ex (99) 4);

—	Decision of the Executive Committee of 28 April 1999 on updating the Sirene Manual (SCH/Com-ex (99) 5);

—	Declaration of the Executive Committee of 18 April 1996 defining the concept of alien (SCH/Com-ex (96) decl. 5);

—	Declaration of the Executive Committee of 28 April 1999 on the structure of SIS (SCH/Com-ex (99) decl. 2 rev.);

—	Decision of the Executive Committee of 7 October 1997 on contributions from Norway and Iceland to the costs of installing and operating of the C.SIS (SCH/Com-ex (97) 18).

3.   For the purposes of matters falling within the scope of the EU Treaty, references to the replaced articles of the Schengen Convention and relevant provisions of the Schengen acquis implementing those articles shall be construed as references to this Decision and shall be read in accordance with the correlation table set out in the Annex.

Article 63

Repeal

Decision 2004/201/JHA, Decision 2005/211/JHA, (...) Decision 2005/719/JHA, Decision 2005/727/JHA, (...) Decision 2006/228/JHA, Decision 2006/229/JHA, (...) and Decision 2006/631/JHA (...) are repealed on the date referred to in Article 65(1a).

Article 64

Transitional period and budget

1.   Alerts may be transferred from SIS 1+ to the SIS II. The Member States shall ensure, giving priority to the alerts on persons, that the contents of the alerts that are transferred from the SIS 1+ to the SIS II satisfy the provisions of this Decision (...) as soon as possible and within three years of the date referred to in Article 65(1a) at the latest. During this transitional period, the Member States may continue to apply the provisions of Articles 94, 95, 97, 98, 99, 100 (...) of the Schengen Convention to the contents of the alerts that are transferred from the SIS 1+ to the SIS II subject to the following rules:

—

(...) in the event of a modification of, an addition to or a correction or update (...) of the content of an alert transferred from the SIS 1+ to the SIS II, the Member States shall ensure that the alert satisfies the provisions of this Decision as from the time of that modification, addition, correction or update;

—	in the event of a hit on an alert transferred from the SIS 1+ to the SIS II, the Member States shall examine the compatibility of that alert with the provisions of this Decision immediately but without delaying the action to be taken on the basis of that alert.

1a   (...)

2.   The remainder of the budget at the date set in accordance with Article 65(1a), which has been approved in accordance with the provisions of Article 119 of the Schengen Convention, shall be paid back to the Member States. The amounts to be repaid shall be calculated on the basis of the contributions from the Member States as laid down in the Decision of the Executive Committee of 14 December 1993 on the financial regulation on the costs of installing and operating the Schengen Information System.

3.   During the transitional period referred to in Article 12(3), references in this Decision to the Management Authority shall be construed as a reference to the Commission.

Article 65

Entry into force, applicability and migration

1.   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

1a   It shall apply to the Member States participating in the SIS 1+ from a date to be fixed by the Council, acting by the unanimity of its Members representing the Governments of the Member States participating in the SIS 1+.

2.   The date referred to in paragraph 1a shall be fixed after:

(a)	the necessary implementing measures have been adopted;

(b)	all Member States fully participating in the SIS 1+ have notified the Commission that they have made the necessary technical and legal arrangements to process SIS II data and exchange supplementary information;

(c)

the Commission has declared the successful completion of a comprehensive test of the SIS II, which shall be conducted by the Commission together with the Member States, and the preparatory bodies of the Council have validated the proposed test result. This validation will confirm that the level of performance of the SIS II is at least equivalent to that achieved with SIS 1+;

(d)	the Commission has made the necessary technical arrangements for allowing the Central SIS II to be connected to the N.SIS II of the Member States concerned;

2a   The Commission shall inform the European Parliament of the results of the tests carried out according to paragraph 2(c).

3.   Any Decision of the Council taken in accordance with paragraph 1 shall be published in the Official Journal of the European Union.

4.   (deleted)

---

(1)  OJ C ...

(2)  OJ L 239, 22.9.2000, p. 19. Convention as last amended by Council Decision 2005/211/JHA.

(3)  OJ L 328, 13.12.2001, p. 4.

(4)  OJ L 328, 13.12.2001, p. 1.

(5)  OJ L ...

(6)  OJ L 190, 18.7.2002, p. 1.

(7)  OJ L 8, 12.1.2001, p. 1.

(8)  OJ L 12, 17.1.2004, p. 47.

(9)  OJ C 316, 27.11.1995, p. 2.

(10)  OJ L 63, 6.3.2002, p. 1.

(11)  OJ L 131, 1.6.2000, p. 43.

(12)  OJ L 64, 7.3.2002, p. 20.

(13)  OJ L 176, 10.7.1999, p. 31.

(14)  OJ L 176, 10.7.1999, p. 53.

(15)  OJ L 368, 15.12.2004, p. 26.

(16)  OJ L 248, 16.9.2002, pp. 1-48.

(17)  OJ L 190, 18.7.2002, p. 1.

(18)  OJ L 239, 22.9.2000, p. 439.