Фрагмент документа "РЕГЛАМЕНТ (ЕС) N 1987/2006 ЕВРОПЕЙСКОГО ПАРЛАМЕНТА И СОВЕТА ОБ УЧРЕЖДЕНИИ, ФУНКЦИОНИРОВАНИИ И ИСПОЛЬЗОВАНИИ ШЕНГЕНСКОЙ ИНФОРМАЦИОННОЙ СИСТЕМЫ ВТОРОГО ПОКОЛЕНИЯ (СИС II) <**>".
REGULATION (EC) No. 1987/2006
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
ON THE ESTABLISHMENT, OPERATION AND USE OF THE SECOND
GENERATION SCHENGEN INFORMATION SYSTEM
(SIS II)
(Brussels, 20.XII.2006)
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 <*>,
--------------------------------
<*> Opinion of the European Parliament of 25 October 2006 (not
yet published in the Official Journal) and Council Decision of 19
December 2006 (not yet published in the Official Journal).
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 <*> (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.
--------------------------------
<*> 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).
(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 <*> and Council Decision 2001/886/JHA <**> 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.
--------------------------------
<*> OJ L 328, 13.12.2001, p. 4.
<**> OJ L 328, 13.12.2001, p. 1.
(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 2006/000/JHA of... on the establishment, operation and use of
the second generation Schengen Information System (SIS II) <*>
constitutes the necessary legislative basis for governing SIS II in
respect of matters falling within the scope of the Treaty on European
Union.
--------------------------------
<*> OJ L...
(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 <*> 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.
--------------------------------
<*> OJ L 281, 23.11.1995, p. 31.
(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 <*>, 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.
--------------------------------
<*> OJ L 8, 12.1.2001, p. 1.
(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 <*>,
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.
--------------------------------
<*> OJ L 12, 17.1.2004, p. 47.
(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 <*>.
--------------------------------
<*> OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision
2006/512/EC (OJ L 200, 22.7.2006, p. 11).
(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
<*>. The United Kingdom is therefore not taking part in its adoption
and is not bound by it or subject to its application.
--------------------------------
<*> OJ L 131, 1.6.2000, p. 43.
(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 <*>. Ireland is therefore not taking part in its
adoption and is not bound by it or subject to its application.
--------------------------------
<*> OJ L 64, 7.3.2002, p. 20.
(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 <*>, 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.
--------------------------------
<*> OJ L 176, 10.7.1999, p. 36.
<**> OJ L 176, 10.7.1999, p. 31.
(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 <*>,
annexed to the abovementioned Agreement.
--------------------------------
<*> OJ L 176, 10.7.1999, p. 53.
(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 <*>
and 2004/860/EC <**>.
--------------------------------
<*> Council Decision 2004/849/ECof 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).
<**> 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).
(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:
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Фрагмент документа "РЕГЛАМЕНТ (ЕС) N 1987/2006 ЕВРОПЕЙСКОГО ПАРЛАМЕНТА И СОВЕТА ОБ УЧРЕЖДЕНИИ, ФУНКЦИОНИРОВАНИИ И ИСПОЛЬЗОВАНИИ ШЕНГЕНСКОЙ ИНФОРМАЦИОННОЙ СИСТЕМЫ ВТОРОГО ПОКОЛЕНИЯ (СИС II) <**>".