HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 160/84
EN
Official Journal of the European Union
18.6.2011
DECISIONS
COUNCIL DECISION
of 9 June 2011
on the application of the provisions of the Schengen acquis relating to the Schengen Information
System in the Principality of Liechtenstein
(2011/352/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(4) The
entry
into
force
of
this
Decision
should
allow
for
real SIS data to be transferred to the Principality of Liech
tenstein. The concrete use of these data should allow the
Having regard to the Protocol between the European Union, the
Council, through the applicable Schengen evaluation
European Community, the Swiss Confederation and the Princi
procedures as set out in the Decision of the Executive
pality of Liechtenstein on the accession of the Principality of
Committee of 16 September 1998, to verify the correct
Liechtenstein to the Agreement between the European Union,
application of the provisions of the Schengen acquis
the European Community and the Swiss Confederation on the
relating to the SIS in the Principality of Liechtenstein.
Swiss Confederation’s association with the implementation,
Once those evaluations have been carried out, the
application and development of the Schengen acquis (the
Council should decide on the lifting of checks at
Protocol) ( 1 ), which was signed on 28 February 2008 ( 2 ) and
internal borders with the Principality of Liechtenstein.
entered into force on 7 April 2011, and in particular
Article 10(1) thereof,
(5) The
Agreement
between
the
Principality
of
Liechtenstein,
Whereas:
the Republic of Iceland and the Kingdom of Norway
concerning the implementation, application and devel
opment of the Schengen acquis and concerning the
criteria and mechanisms for establishing the State
(1)
Article 10(1) of the Protocol provides that the provisions
responsible for examining a request for asylum lodged
of the Schengen acquis shall be put into effect by the
in Liechtenstein, Iceland or Norway stipulates that it shall
Principality of Liechtenstein only pursuant to a Council
be put into effect in respect of the implementation, appli
decision to that effect after verification that the necessary
cation and development of the Schengen acquis on the
conditions for the implementation of that acquis have
same date as the Protocol is put into effect.
been fulfilled by the Principality of Liechtenstein.
(2) The
Council
has
verified
that
the
Principality
of
Liech
(6) A
separate
Council
Decision
should
be
adopted
setting
a
tenstein ensures satisfactory levels of data protection by
date for the lifting of checks at internal borders. Until the
taking the following steps: a full questionnaire was
date set out in that Decision, certain restrictions on the
forwarded to the Principality of Liechtenstein, whose
use of the SIS should be imposed,
replies were recorded, and verification and evaluation
visits were made to the Principality of Liechtenstein, in
accordance with the applicable Schengen evaluation
procedures as set out in the Decision of the Executive
HAS ADOPTED THIS DECISION:
Committee of 16 September 1998 setting up a Standing
Committee on the evaluation and implementation of
Schengen (SCH/Com-ex (98) 26 def.) ( 3 ) (the Decision
of the Executive Committee of 16 September 1998), in
Article 1
the area of Data Protection.
1. From 19 July 2011, the provisions of the Schengen acquis
relating to the SIS, as referred to in Annex I, shall apply to the
(3)
On 9 June 2011, the Council concluded that the Princi
Principality of Liechtenstein in its relations with the Kingdom of
pality of Liechtenstein had fulfilled the conditions in the
Belgium, the Republic of Bulgaria, the Czech Republic, the
area of Data Protection. It is therefore possible to set a
Kingdom of Denmark, the Federal Republic of Germany, the
date from which the Schengen acquis relating to the
Republic of Estonia, the Hellenic Republic, the Kingdom of
Schengen Information System (SIS) may apply to the
Spain, the French Republic, the Italian Republic, the Republic
Principality of Liechtenstein.
of Latvia, the Republic of Lithuania, the Grand Duchy of
Luxembourg, the Republic of Hungary, the Republic of Malta,
the Kingdom of the Netherlands, the Republic of Austria, the
( 1 ) Not yet published in the Official Journal.
Republic of Poland, the Portuguese Republic, Romania, the
( 2 ) Council Decisions 2008/261/EC (OJ L 83, 26.3.2008, p. 3) and
2008/262/EC (OJ L 83, 26.3.2008, p. 5).
Republic of Slovenia, the Slovak Republic, the Republic of
( 3 ) OJ L 239, 22.9.2000, p. 138.
Finland and the Kingdom of Sweden.

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EN
18.6.2011 Official
Journal
of
the
European
Union L
160/85
2. The
provisions
of
the
Schengen acquis relating to the SIS,
(a) shall not be obliged to refuse entry to its territory to or to
as referred to in Annex II, shall apply from the date laid down
expel third country nationals for whom an SIS alert has
in those provisions to the Principality of Liechtenstein in its
been issued by a Member State for the purpose of
relations with the Kingdom of Belgium, the Republic of
refusing entry;
Bulgaria, the Czech Republic, the Kingdom of Denmark, the
Federal Republic of Germany, the Republic of Estonia, the
(b) shall refrain from entering the data covered by Article 96 of
Hellenic Republic, the Kingdom of Spain, the French Republic,
the Convention of 19 June 1990 implementing the
the Italian Republic, the Republic of Latvia, the Republic of
Schengen Agreement of 14 June 1985 between the
Lithuania, the Grand Duchy of Luxembourg, the Republic of
Governments of the States of Benelux Economic Union,
Hungary, the Republic of Malta, the Kingdom of the
the Federal Republic of Germany and the French Republic
Netherlands, the Republic of Austria, the Republic of Poland,
on the gradual abolition of checks at their common
the Portuguese Republic, Romania, the Republic of Slovenia, the
borders ( 1 ) (the Schengen Convention).
Slovak Republic, the Republic of Finland and the Kingdom of
Sweden.
Article 2
This Decision shall enter into force on the day of its adoption.
3. From
9
June
2011,
real
SIS
data
may
be
transferred
to
the
Article 3
Principality of Liechtenstein.
This Decision shall be published in the Official Journal of the
European Union.
From 19 July 2011, the Principality of Liechtenstein shall be
allowed to enter data into the SIS and use SIS data, subject to
paragraph 4.
Done at Luxembourg, 9 June 2011.
For the Council
4. Until
the
date
of
the
lifting
of
checks
at
internal
borders
with the Principality of Liechtenstein, the Principality of
The President
Liechtenstein:
PINTR S.
( 1 ) OJ L 239, 22.9.2000, p. 19.

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L 160/86
EN
Official Journal of the European Union
18.6.2011
ANNEX I
List of the provisions of the Schengen acquis relating to the SIS to be rendered applicable to the Principality of
Liechtenstein
1. In respect of the provisions of the Schengen Convention:
Article 64 and Articles 92 to 119 of the Schengen Convention.
2. In respect of decisions and declarations of the Executive Committee established by the Schengen Convention
concerning the SIS:
(a) Decision of the Executive Committee of 15 December 1997 amending the Financial Regulation on C.SIS
(SCH/Com-ex (97) 35) ( 1 );
(b) — Declaration of the Executive Committee of 18 April 1996 defining the concept of an alien (SCH/Com-ex (96)
decl. 5) ( 2 ),
— Declaration of the Executive Committee of 28 April 1999 on the structure of SIS (SCH/Com-ex (99) decl. 2
rev.) ( 3 ).
3. In respect of other instruments concerning the SIS:
(a) 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 ( 4 ) in so far as it
applies in relation to the processing of data within the SIS;
(b) Council Decision 2000/265/EC of 27 March 2000 on the establishment of a financial regulation governing the
budgetary aspects of the management by the Deputy Secretary-General of the Council, of contracts concluded in
his name, on behalf of certain Member States, relating to the installation and the functioning of the communi
cation infrastructure for the Schengen environment, ‘Sisnet’ ( 5 );
(c) the SIRENE Manual ( 6 );
(d) Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for
the Schengen Information System, including in the fight against terrorism ( 7 ), and any subsequent decisions on the
date of application of those functions;
(e) 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 ( 8 ), and any subsequent decisions on the
date of application of those functions;
(f) Regulation (EC) No 1160/2005 of the European Parliament and of the Council of 6 July 2005 amending the
Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at
common borders, as regards access to the Schengen Information System by the services in the Member States
responsible for issuing registration certificates for vehicles ( 9 );
(g) Article 5(4)(a) and the provisions of Title II and the annexes thereto referring to the Schengen Information System
(SIS) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006
establishing a Community Code on the rules governing the movement of persons across borders (Schengen
Borders Code) ( 10 );
(h) 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) ( 11 );
(i) 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) ( 12 ).
( 1 ) OJ L 239, 22.9.2000, p. 444.
( 2 ) OJ L 239, 22.9.2000, p. 458.
( 3 ) OJ L 239, 22.9.2000, p. 459.
( 4 ) OJ L 281, 23.11.1995, p. 31.
( 5 ) OJ L 85, 6.4.2000, p. 12.
( 6 ) Parts of the SIRENE Manual were published in OJ C 38, 17.2.2003, p. 1. The manual was amended by Commission Decisions
2006/757/EC (OJ L 317, 16.11.2006, p. 1) and 2006/758/EC (OJ L 317, 16.11.2006, p. 41).
( 7 ) OJ L 162, 30.4.2004, p. 29.
( 8 ) OJ L 68, 15.3.2005, p. 44.
( 9 ) OJ L 191, 22.7.2005, p. 18.
( 10 ) OJ L 105, 13.4.2006, p. 1.
( 11 ) OJ L 299, 8.11.2008, p. 1.
( 12 ) OJ L 299, 8.11.2008, p. 43.

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EN
18.6.2011 Official
Journal
of
the
European
Union L
160/87
ANNEX II
List of the provisions of the Schengen acquis relating to the SIS to be rendered applicable to the Principality of
Liechtenstein from the date laid down in those provisions
1. Regulation (EC) No 1986/2006 of the European Parliament and of the Council of 20 December 2006 regarding access
to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for
issuing vehicle registration certificates ( 1 ).
2. 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) ( 2 ).
3. Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation
Schengen Information System (SIS II) ( 3 ).
( 1 ) OJ L 381, 28.12.2006, p. 1.
( 2 ) OJ L 381, 28.12.2006, p. 4.
( 3 ) OJ L 205, 7.8.2007, p. 63.

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