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Schengen Information System II

Volume 454: debated on Wednesday 13 December 2006

To ask the Secretary of State for the Home Department if he will make a statement on the proposed EU legislation for the Schengen Information System II additional acquis; and what its legal base is. (108077)

The second generation Schengen Information System, SIS II will enable extension of an enhanced system with new functions to at least 30 member states. The legal base for SIS II consists of three draft legal instruments:

A Regulation of the Parliament and the Council based on Articles 62(2)(a), 63(3)(b) and 66 of the treaty establishing the European Community (TEC), covering alerts on third country nationals for the purpose of refusing entry and stay. The UK will not participate in this Regulation.

A Council Decision based on Articles 31(1)(a) and (b) and 34(2)(c) of the treaty on European Union, covering alerts on persons wanted for arrest for surrender or extradition purposes; missing persons; persons sought in order to assist with a judicial procedure; persons and objects for discreet checks or specific checks; and objects for seizure or use as evidence in criminal proceedings. The UK will participate in this Decision.

A Regulation of the Parliament and the Council based on Article 71 TEC, regarding access by the services in the member states responsible for issuing vehicle registration certificates. The UK will participate in this Regulation.

The European Parliament adopted the draft legal instruments at first reading in October 2006. The Finnish presidency of the EU hopes that the two Regulations will be formally adopted as an “A” point at a Council before the end of December, and that the Council Decision will be formally adopted early in January 2007.