HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 87/10
EN
Official Journal of the European Union
27.3.2013
COUNCIL DECISION
of 7 March 2013
fixing the date of application of 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)
(2013/158/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(6) In
accordance
with
Article
55(3)(d)
of
Regulation
(EC)
No
1987/2006, the Commission has made the necessary
Having regard to Regulation (EC) No 1987/2006 of the
technical arrangements for allowing Central SIS II to be
European Parliament and of the Council of 20 December
connected to N.SIS II of the Member States concerned.
2006 on the establishment, operation and use of the second
generation Schengen Information System (SIS II) (
(7) In
accordance
with
Article
9(1)
and
(5)
of
Regulation

1 ), and in
particular Article 55(3) thereof,
(EU) No 1273/2012 the Member States participating in
SIS 1 + have successfully completed functional Sirene
tests and the relevant preparatory body of the Council
Whereas:
has validated their results on 15 February 2013.
(1) Article
55(3)
of
Regulation
(EC)
No
1987/2006
specifies (8) The
conditions
laid
down
by
Article
55(3)
of
Regulation
the Regulation shall apply to the Member States partici
(EC) No 1987/2006 thus being fulfilled, it is for the
pating in SIS 1 + from a date to be fixed by the Council,
Council to determine the date from which the SIS II
acting by the unanimity of its Members representing
shall apply to the Member States participating in the
the Governments of the Member States participating in
SIS 1+.
SIS 1+.
(9)
In view of the need for the entry into operation of SIS II
to be as early as possible, this Decision should enter into
(2) In
accordance
with
Article
11(3)
of
Council
Regulation
force on the day of its publication in the Official Journal
(EU) No 1273/2012 of 20 December 2012 on migration
of the European Union.
from the Schengen Information System (SIS 1+) to
the second generation Schengen Information System
(10) As
regards
Iceland
and
Norway,
this
Decision
constitutes
(SIS II) ( 2 ) the switchover into SIS II will start on the
a development of the provisions of the Schengen acquis
date fixed by the Council acting in accordance with
within the meaning of the Agreement concluded by the
Article 55(2) of Regulation (EC) No 1987/2006.
Council of the European Union and the Republic of
Iceland and the Kingdom of Norway concerning
(3) In
accordance
with
Article
55(3)(a)
of
Regulation
(EC)
No
the latters’ association with the implementation, appli
1987/2006, the Commission has adopted the necessary
cation and development of the Schengen acquis ( 5 )
implementing measures by Commission Implementing
which fall within the area referred to in Article 1,
Decision 2013/115/EU ( 3 ) adopting the Sirene Manual
point G, of Council Decision 1999/437/EC ( 6 ) on
and other implementing measures for the second
certain arrangements for the application of that
generation Schengen Information System (SIS II) and
Agreement.
Commission Decision 2010/261/EU of 4 May 2010 on
the Security Plan for Central SIS II and the Communi
(11) As
regards
Switzerland,
this
Decision
constitutes
a
devel
cation Infrastructure ( 4 ).
opment of the provisions of the Schengen acquis within
the meaning of the Agreement between the European
Union, the European Community and the Swiss Confed
(4) In
accordance
with
Article
55(3)(b)
of
Regulation
(EC)
eration on the Swiss Confederation’s association with the
No 1987/2006, all Member States fully participating in
implementation, application and development of the
SIS 1 + have notified it that they have made the
Schengen acquis (
necessary technical and legal arrangements to process

7 ) which fall within the area referred
to in Article 1, point G, of Decision 1999/437/EC read
SIS II data and exchange supplementary information.
in conjunction with Article 3 of Council Decision
2008/146/EC ( 8 ).
(5) In
accordance
with
Article
55(3)(c)
of
Regulation
(EC)
No
1987/2006, the Commission has declared the successful
(12) As regards
Liechtenstein, this Decision constitutes a
completion of a comprehensive test of SIS II, which was
development of the provisions of the Schengen acquis
conducted by the Commission together with the Member
within the meaning of the Protocol between the
States, and the relevant preparatory bodies of the Council
European Union, the European Community, the Swiss
validated on 6 February 2013 the proposed test result
Confederation and the Principality of Liechtenstein on
and confirmed that the level of performance of SIS II is
the accession of the Principality of Liechtenstein to the
at least equivalent to that achieved with SIS 1+.
Agreement between the European Union, the European
( 1 ) OJ L 381, 28.12.2006, p. 4.
( 5 ) OJ L 176, 10.7.1999, p. 36.
( 2 ) OJ L 359, 29.12.2012, p. 32.
( 6 ) OJ L 176, 10.7.1999, p. 31.
( 3 ) OJ L 71, 14.3.2013, p. 1.
( 7 ) OJ L 53, 27.2.2008, p. 52.
( 4 ) OJ L 112, 5.5.2010, p. 31.
( 8 ) OJ L 53, 27.2.2008, p. 1.

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EN
27.3.2013 Official
Journal
of
the
European
Union L
87/11
Community and the Swiss Confederation on the Swiss
request to take part in some of the provisions of the
Confederation’s association with the implementation,
Schengen acquis ( 4 ); Ireland is therefore not taking part
application and development of the Schengen acquis ( 1 )
in its adoption and is not bound by it or subject to its
which fall within the area referred to in Article 1, point
application.
G, of Decision 1999/437/EC read in conjunction with
Article 3 of Council Decision 2011/350/EU ( 2 ).
(16) This Decision is without prejudice to the arrangements
for the partial participation of Ireland and the United
Kingdom in the Schengen acquis as determined by
(13) In accordance with Articles 1 and 2 of Protocol (No 22)
on the position of Denmark, annexed to the Treaty on
Decisions 2002/192/EC and 2000/365/EC respectively.
European Union and the Treaty on the Functioning of
the European Union, Denmark is not taking part in the
(17) As
regards Cyprus, this Decision constitutes an act
adoption of this Decision and is not bound by it or
building upon, or otherwise related to, the Schengen
subject to its application. Given that this Decision
acquis within the meaning of Article 3(2) of the 2003
builds upon the Schengen acquis, Denmark shall, in
Act of Accession,
accordance with Article 4 of that Protocol, decide
within a period of six months after the Council has
HAS ADOPTED THIS DECISION:
decided on this Decision whether it will implement it
in its national law.
Article 1
Regulation (EC) No 1987/2006 shall apply to the Member
(14) This Decision constitutes a development of the
States participating in the SIS 1 + from 9 April 2013.
provisions of the Schengen acquis in which the United
Kingdom does not take part, in accordance with Council
Article 2
Decision 2000/365/EC of 29 May 2000 concerning the
request of the United Kingdom of Great Britain and
This Decision shall enter into force on the day of its publication
Northern Ireland to take part in some of the provisions
in the Official Journal of the European Union.
of the Schengen acquis ( 3 ); the United Kingdom is
therefore not taking part in its adoption and is not
bound by it or subject to its application.
Done at Brussels, 7 March 2013.
(15) This Decision constitutes a development of the
For the Council
provisions of the Schengen acquis in which Ireland does
not take part, in accordance with Council Decision
The President
2002/192/EC of 28 February 2002 concerning Ireland’s
A. SHATTER
( 1 ) OJ L 160, 18.6.2011, p. 21.
( 2 ) OJ L 160, 18.6.2011, p. 19.
( 3 ) OJ L 131, 1.6.2000, p. 43.
( 4 ) OJ L 64, 7.3.2002, p. 20.

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