Regulation 2012/1273 - Migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (recast) - Main contents
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official title
Council Regulation (EU) No 1273/2012 of 20 December 2012 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (recast)| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2012/1273 |
| Original proposal | COM(2012)81  |
| CELEX number i | 32012R1273 |
| Document | 20-12-2012 |
|---|---|
| Publication in Official Journal | 29-12-2012; OJ L 359 p. 32-44 |
| Effect | 30-12-2012; Entry into force Date pub. +1 See Art 21 |
| End of validity | 09-04-2013; See 32006R1987; See 32013D0158 |
29.12.2012 |
EN |
Official Journal of the European Union |
L 359/32 |
COUNCIL REGULATION (EU) No 1273/2012
of 20 December 2012
on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (recast)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 74 thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (2) and Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (3) have been substantially amended. Since further amendments are to be made, they should be recast in the interest of clarity. |
(2) |
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 (4) (the ‘Schengen Convention’), and the further development, thereof, SIS 1+, constitute essential tools for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union. |
(3) |
The development of the second generation Schengen Information System (SIS II) was entrusted by the Council to the Commission pursuant to Regulation (EC) No 2424/2001 (5) and Decision 2001/886/JHA (6). Those acts expired on 31 December 2008 prior to the completion of the SIS II developments. They therefore needed to be supplemented firstly by Regulation (EC) No 1104/2008 and by Decision 2008/839/JHA and subsequently by this Regulation and Council Regulation (EU) No 1272/2012 of 20 December 2012 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (7) at the latest until the termination of the migration from SIS 1+ to SIS II or until a date to be fixed by the Council, acting in accordance with Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (8) and Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (9). |
(4) |
SIS II was established by Regulation (EC) No 1987/2006 and by Decision 2007/533/JHA. This Regulation should be without prejudice to the provisions of those acts. |
(5) |
Certain tests of SIS II are provided for in Council Regulation (EC) No 189/2008 (10) and in Council Decision 2008/173/JHA (11). |
(6) |
The development of SIS II should be continued and should be finalised in the framework of the SIS II global schedule endorsed by the Council on 6 June 2008 and subsequently amended in October 2009 in the light of orientations given by the Council of 4 June 2009 (Justice and Home Affairs). The new version of the SIS II global schedule was presented by the Commission to the European Parliament and the Council in October 2010. |
(7) |
A comprehensive test of SIS II should be conducted in full cooperation between the Member States and the Commission, in accordance with the provisions of this Regulation. As soon as possible after its completion, that test should be validated as provided for by Regulation (EC) No 1987/2006 and Decision 2007/533/JHA. Only test... |
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