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Commission Decision of 4 March 2008 adopting the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) (2008/334/JHA)

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Commission Decision

of 4 March 2008

adopting the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II)

(2008/334/JHA)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty on European Union,

Having regard to Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II)(1), and in particular Articles 8(4), 9(1), 20(4), 22(a), 38(3), 51(4) and 52(7) thereof,

Whereas:

(1) Decision 2007/533/JHA shall apply to Member States participating in SIS 1+ from dates to be fixed by the Council, acting by unanimity of its Members representing the Governments of the Member States participating in SIS 1+. These dates shall be fixed after, amongst other conditions to be met, the necessary implementing measures have been adopted by the Commission.

(2) These implementing measures cover SIS II aspects which, due to their technical nature, level of detail and need for regular updating, are not covered exhaustively by Decision 2007/533/JHA.

(3) These implementing measures include the SIRENE Manual which contains detailed rules for the exchange of supplementary information Supplementary information is information not stored in SIS II but connected to SIS II alerts, which is to be exchanged: in order to allow Member States to consult or inform each other when entering an alert; following a hit in order to allow the appropriate action to be taken; when the required action cannot be taken; when dealing with the quality of SIS II data; when dealing with the compatibility and priority of alerts; when dealing with rights of access.

(4) Other implementing measures are protocols and technical procedures ensuring the compatibility of N.SIS II with CS-SIS; technical rules necessary for entering, updating, deleting and searching data on persons and objects; the specification of the special quality check to ascertain the fulfilment of a minimum data-quality standard by photographs and fingerprints entered into the SIS II; technical rules on entering and further processing additional data for the purpose of dealing with misused identity and technical rules on the linking of alerts.

(5) The SIRENE Manual should be an important tool for SIRENE operators in their daily work with SIS II. It should have a form of a practical handbook and serve the purpose of facilitating the work of the SIRENE Bureau in its entirety.

(6) Since certain rules of a technical nature have a direct impact on the work of end-users in the Member States it is appropriate to combine them in one document.

(7) This Decision constitutes the necessary basis for adopting the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) in respect of matters falling within the scope of the Treaty on European Union (EU Treaty). Commission Decision 2008/333/EC(2) adopting the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) constitutes the necessary basis in respect of matters falling within the scope of the Treaty establishing the European Community (EC Treaty). The fact that the basis necessary for adopting the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) consists of two separate instruments shall not affect the principle that these implementing measures constitute one single document. Nevertheless, for the sake of clarity the annex should be reproduced in the Annexes to both Decisions.

(8) The United Kingdom is taking part in this Decision, in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the EU Treaty and to the EC Treaty, and Article 8 (2) of Council Decision 2000/365/EC of 29 May 2000, concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (3).

(9) Ireland is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the EU Treaty and to the EC Treaty, and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (4).

(10) This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession and Article 4(2) of the 2005 Act of Accession.

(11) As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC(6) on certain arrangements for the application of that Agreement.

(12) As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point G of Decision 1999/437/EC of 25 October 2004 read in conjunction with Article 4(1) of the Council decision 2004/849/EC on the signing, on behalf of the European Union, and on the provisional application of certain provisions of that Agreement(7).

(13) The measures provided for in this Decision are in accordance with the opinion of the Committee, set up by Article 67 of Council Decision 2007/533/JHA.

HAS DECIDED AS FOLLOWS:

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