Conclusies van de Raad over SIS II (en)

COUNCIL OF THE EUROPEAN UNION

Council conclusions on alerts pursuant to Article 26 of

Regulation (EC) No on the establishment,

operation and use of the SIS II

JUSTICE and HOME AFFAIRS Council meeting Bruxelles, 5 and 6 December 2013

The Council adopted the following conclusions:

"1. The Council underlines the particular importance of ensuring the implementation of EU restrictive measures against third-country nationals intended to prevent their entry into or transit through the territory of Member States, adopted on the basis of Articles 29 and 31(2) of the Treaty on European Union

• 2. 

  The Council considers that the principles laid down in the Guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy ¹ offer an adequate basis to that end

• 3. 

  The Council, taking into account inter alia the increasing number of restrictive measures adopted by the EU, considers appropriate to review and update the arrangements for entering, amending, maintaining and deleting the alerts in SIS II, which is the responsibility of the Member States as provided for in Article 26 of Regulation (EC) No ², within the framework of the implementation and follow-up of the Council decisions on restrictive measures.

¹   + COR 1 + COR 2

²   Regulation (EC) No 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), (OJ L 381, 28.12.2006, p. 4)

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• 4. 

  The Council concludes that it is appropriate to establish a mechanism of coordination at European Union level for the implementation and follow-up of the Council decisions on restrictive measures as regards the alerts entered under Article 26 of Regulation (EC) No in SIS II. ³

• 5. 

  The Council therefore invites:

– the High Representative of the Union for Foreign Affairs and Security Policy and the Commission, in close cooperation with Member States, to examine the possibility of setting up a mechanism of coordination at EU level, with appropriate modalities for the proper handling of data of third-country nationals subject to EU restrictive measures;

– the Commission to examine the existing legal framework and, within the framework of its reporting obligation as provided for in the respective legal base, to submit to the Council its findings or, where necessary, proposals regarding the effective application of Article 26 of SIS II Regulation ³, implementation and follow-up of the Council decisions on restrictive measures, in line with the fundamental rights of the persons concerned."

Regulation (EC) No 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), (OJ L 381, 28.12.2006, p. 4)