Decision 2005/211 - Introduction of some new functions for the Schengen Information System, including in the fight against terrorism - Main contents
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official title
Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2005/211 |
| Original proposal | JAI(2002)16 |
| CELEX number i | 32005D0211 |
| Document | 24-02-2005 |
|---|---|
| Publication in Official Journal | 15-03-2005; Special edition in Bulgarian: Chapter 19 Volume 007,Special edition in Romanian: Chapter 19 Volume 007,OJ L 159M , 13.6.2006,OJ L 68, 15.3.2005 |
| Effect | 24-02-2005; Entry into force Date of document 13-06-2005; Takes partial effect Date pub. + 90 See Art 2.1 11-09-2005; Takes partial effect Date pub. + 180 See Art 2.2 10-12-2005; Takes partial effect Date pub. + 270 See Art 2.3 01-01-2006; Takes partial effect See 32005D0727 01-10-2006; Takes partial effect See Art 2.4 And 32006D0631 |
| End of validity | 08-04-2013; Repealed by 32007D0533 See 32013D0157 |
15.3.2005 |
EN |
Official Journal of the European Union |
L 68/44 |
COUNCIL DECISION 2005/211/JHA
of 24 February 2005
concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (b), Article 31(a) and (b) and Article 34(2)(c) thereof,
Having regard to the initiative of the Kingdom of Spain (1),
Having regard to the opinion of the European Parliament (2),
Whereas:
(1) |
The Schengen Information System, hereinafter referred to as ‘SIS’, set up pursuant to the provisions of Title IV of the Convention of 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders (3), hereinafter referred to as ‘the 1990 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 need to develop a new, second generation Schengen Information System, hereinafter referred to as ‘SIS II’, with a view to the enlargement of the European Union and allowing for the introduction of new functions, while benefiting from the latest developments in the field of information technology, has been recognised and the first steps have been taken to develop this new system. |
(3) |
Certain adaptations of existing provisions and the introduction of certain new functions can already be realised with respect to the current version of the SIS, in particular as far as concerns the provision of access to certain types of data entered in the SIS for authorities the proper performance of whose tasks would be facilitated were they able to search these data, including Europol and the national members of Eurojust, the extension of the categories of missing objects about which alerts may be entered and the recording of transmissions of personal data. The technical facilities required for the purpose first need to be established in each Member State. |
(4) |
The Conclusions of the Laeken European Council of 14 and 15 December 2001 and in particular Conclusions 17 (cooperation between specialised counter-terrorism services), 43 (Eurojust and police cooperation with regard to Europol) and the Action Plan of 21 September 2001 against terrorism refer to the need to enhance the SIS and improve its capabilities. |
(5) |
Moreover, it is useful to enact provisions with respect to the exchange of all supplementary information through the authorities designated for that purpose in all Member States (Supplementary Information Request at National Entry), giving these authorities a common legal basis within the provisions of the 1990 Schengen Convention and setting out rules on deletion of data kept by these authorities. |
(6) |
The provisions in this Decision concerning Europol only set up the legal framework for access to the Schengen Information System and are without prejudice to adoption in the future of the necessary measures setting out the technical solution and the financial implications thereof. |
(7) |
The provisions in this Decision concerning the national members of Eurojust and their assistants only set up the legal framework for access to the Schengen Information System and are without prejudice to adoption in the future of the necessary measures setting out the technical solution and the financial implications thereof. |
(8) |
The provisions relating to access to SIS data for Europol and national members of Eurojust and their assistants only constitute a first phase and are without prejudice to further discussions on extending this facility to other provisions of the 1990 Schengen... |
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