Opinion of the Joint Supervisory Authority (JSA) on the proposed legal basis of the SIS II proposals

Introduction

The need to develop a new, second-generation Schengen Information System (SIS), as well as the wish to introduce new functions for the SIS have been the subject of discussion for several years.

On 31 May 2005 the Commission presented its proposals for a legal basis for the new Schengen Information System, the SIS II:

 a proposal for a Council Decision on the establishment, operation and use of the second generation Schengen Information System (SIS II) COM (2005) 230, 2005/0103 (CNS), hereinafter referred to as ‘the Decision’;

 a proposal for a Regulation of the European Parliament and of the Council on the establishment, operation and use of the second generation Schengen Information System (SIS II) COM (2005) 236, 2005/0106 (COD), hereinafter referred to as ‘the Regulation’;

 a proposal for a Regulation of the European parliament and of the Council regarding the access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates COM (2005) 237, 2005/-104 (COD), hereinafter referred to as ‘the vehicle registration Regulation’.

The proposed legal basis for SIS II will be a crucial milestone in the further establishment of an area of freedom, security and justice, including the creation of an area without frontiers. The experience of the past decade, which has seen cooperation between states in the present Schengen Information System, has demonstrated that the legal basis for such a system is not only crucial for facilitating cooperation between states, it also provides the best means of guaranteeing adequate protection of fundamental rights and ensuring effective supervision.

The Schengen Joint Supervisory Authority (the JSA) has followed the development of the SIS II with interest, and has taken a number of initiatives to encourage discussion of the subject - one notable example being a seminar on SIS II, organised by the JSA and held in the European Parliament in October 2003.

Consequently, the JSA very much welcomes the fact that the Vice-President of the European Commission, Mr Franco Frattini, requested the JSA to deliver its opinion on these proposals, as did the Chairman of the Council’s Article 36 Committee.

Opinions on this subject are also being drawn up by the European Data Protection Supervisor and the Article 29 Working Party, which advises the Commission on data protection issues in the first pillar.

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Opinion of the Joint Supervisory Authority (JSA) on the proposed legal basis of the SIS II proposals