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THE EUROPEAN UNION |
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SIRIS 111 SCHENGEN 25 COMIX 590 |
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Presidency |
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to: |
Mixed Committee at the level of Senior
Officials COREPER |
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No prev. doc.: |
11127/08 SIRIS 104 SCHENGEN 21 COMIX 520 +
COR 1 + ADD 1 9182/1/08 REV 1 SIRIS 65 SCHENGEN 14 COMIX
361 8796/08 SIRIS 61 SCHENGEN 11 COMIX 336 |
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Subject: |
Proposal
for a Council Regulation on migration from the Schengen Information System
(SIS 1+) to the second generation Schengen Information System (SIS II) |
Delegations will find below the compromise revised version of the
abovementioned proposal.
At the meeting of the Working Party on the Schengen Acquis held on 18
July 2008, delegations were invited to send in contributions on the recitals.
This version takes those contributions into account as far as possible. They
were also amended in accordance with the changes incorporated into Articles
3(1) and 11(1).
The proposed redraft of Article 3(1) results of informal
discussions which the Presidency held with the Commission to take account of
the concerns expressed by Member States at the last meeting of the Working
Party on the Schengen Acquis, while maintaining the schedule for implementing SIS II,
as endorsed by the Council on 6 June 2008[1].
The proposed new wording in Article 11(1) with regard to Article
92A(3) of the CISA aims to clarify the obligations of the technical support
function towards the Central SIS II.
Changes to the previous version (11925/1/08 REV 1 SIRIS 111 SCHENGEN 25
COMIX 590) are indicated in bold; deletions with "(É)".
A parliamentary reservation from the UK is pending.
The Mixed Committee at the level of Senior Officials is invited to
confirm the general approach on this proposal and to submit it to COREPER for
adoption as a I-item.
COUNCIL REGULATION
on migration from the Schengen Information System (SIS 1+) to the
second generation Schengen Information System (SIS II)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 66 thereof,
Having regard to the proposal from the Commission[2],
Having regard to the opinion of the European Parliament[3],
Whereas:
(1)
The
Schengen Information System (SIS) set up pursuant to the provisions of Title IV
of the Convention of 19 June 1990 implementing the Schengen Agreement of 14
June 1985 between the Governments of the States of the Benelux Economic Union,
the Federal Republic of Germany and the French Republic on the gradual
abolition of checks at their common borders[4]
(hereinafter the 'Schengen Convention'), and its further development, SIS 1+,
constitute an essential tool for the application of the provisions of the
Schengen acquis as
integrated into the framework of the European Union.
(2)
The
development of the second generation Schengen Information System (SIS II) has
been entrusted to the Commission pursuant to Council Regulation (EC) No
2424/2001[5]
of 6 December 2001 on the development of the second generation Schengen
Information System (SIS II) and Council Decision 2001/886/JHA[6]
on the development of the second generation Schengen Information System (SIS
II). Both legal instruments expire on 31 December 2008.
This Regulation supplements these
instruments and should expire at the date fixed by the Council acting in
accordance with Article 55(2) of Regulation (EC) No 1987/2006 on the
establishment, operation and use of the second generation Schengen Information
System (SIS II)[7].
Any reference to Committees
established under Regulation (EC) No 2424/2001 should be construed as a
reference to the Committee established by Article 51 of Regulation (EC) No
1987/2006.
(3)
SIS II
was established by Regulation (EC) No 1987/2006 [8] and by Council Decision
2007/533/JHA[9].
(4)
This
Regulation should be without prejudice to Regulation (EC) No 1987/2006 and
Decision 2007/533/JHA (É).
(4a) Certain tests of SIS II are provided for in
Regulation No 189/2008 and Decision No 2008/173/JHA of 18 February 2008 on the
tests of the second generation Schengen Information System (SIS II).
(5)
The
development of the SIS II should be continued and should be finalised in the
framework of the SIS II global schedule endorsed by the Council on 6 June 2008[10].
(6)
A SIS
II comprehensive test should be conducted in full cooperation between the
Member States and the Commission. This test should be executed in accordance
with the provisions of the present Regulation. However, the validation of this test is
regulated by Article 55(3)(c) of Regulation (EC) No 1987/2006 and Article
71(3)(c) of Decision 2007/533/JHA and should take place at the earliest moment
after the completion of the SIS II comprehensive test. (É)
(6a) Member
States should perform a test on the exchange of supplementary information.
(7)
(É)
(8)
(É)
(9)
As
regards SIS 1+, Article 92 of the Schengen Convention provides for a technical
support function (C.SIS). As regards SIS II, Regulation (EC) No 1987/2006 and
Decision 2007/533/JHA provide for a Central SIS II composed of a technical
support function and a uniform national interface (NI-SIS). The technical
support function of Central SIS II shall be located in Strasbourg (France) and
a back-up in St. Johann im Pongau (Austria).
(10)
In
order to better manage the potential difficulties brought about by the
migration from SIS 1+ to SIS II an interim migration architecture for the
Schengen Information System should be established and tested. The interim
migration architecture should have no impact on the operational availability of
SIS 1+. A converter (É) should be provided (É) by the Commission.
(11)
The
Member State issuing an alert should be responsible for ensuring that the data
entered into the Schengen Information System is accurate, up-to-date and
lawful.
(12)
(É)
(13)
The
Commission is and should remain responsible for the Central SIS II and its
communication infrastructure. (É) This responsibility includes the
maintenance and continuation of the development of SIS II and its communication infrastructure,
including (É) at
all times (É)
the correction of errors. The Commission should provide coordination and
support for the joint activities. The Commission should provide, in particular,
the necessary technical and operational support to the Member States at Central
SIS II level including the availability of a helpdesk.
(14)
The
Member States are and should remain responsible for the development and
maintenance of
their national systems (N.SIS II). (É)
(15)
France
is and should remain responsible for the technical support function of SIS 1+.
This responsibility is expressly provided for in the provisions of Article
92(3) of CISA. (É)
(15a) Representatives
of the Member States participating in the SIS 1+ should coordinate their
actions within the framework of the Council. It is necessary to set out a
framework for that organisational action.
(16)
The
Commission has the possibility to contract out to third parties, including
national public bodies, tasks conferred upon it by this Regulation and tasks
relating to the implementation of the budget, in accordance with Council
Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial
Regulation applicable to the general budget of the European Communities[11].
(17)
Regulation
(EC) No 45/2001 of the European Parliament and of the Council of 18 December
2000 on the protection of individuals with regard to the processing of personal
data by the Community institutions and bodies and on the free movement of such
data[12]
applies to the processing of personal data by the Commission.
(18)
The
European Data Protection Supervisor, appointed pursuant to Decision 2004/55/EC
of the European Parliament and of the Council of 22 December 2003 appointing
the independent supervisory body provided for in Article 286 of the EC Treaty[13],
is competent to monitor the activities of the Community institutions and bodies
in relation to the processing of personal data. Articles 126 to 130 of the
Schengen Convention contain specific provisions on the protection of personal
data. Article 118 of the Schengen Convention contains specific provisions on
the security of personal data.
(19)
Since
the objectives of the action to be taken, namely setting up the interim
migration architecture and the migration of data from SIS 1+ to SIS II, cannot
be sufficiently achieved by the Member States and can, therefore, by reason of
the scale and effects of the action, be better achieved at Community level, the
Community may adopt measures in accordance with the principle of subsidiarity,
as set out in Article 5 of the EC Treaty. In accordance with the principle of
proportionality, as set out in that Article, this Regulation does not go beyond
what is necessary to achieve those objectives.
(20)
This
Regulation respects the fundamental rights and observes the principles
recognized in particular by the Charter of Fundamental Rights of the European
Union.
(21)
The
Schengen Convention should be amended to allow the integration of SIS 1+ into
the interim migration architecture.
(22)
In
accordance with Articles 1 and 2 of the Protocol on the position of Denmark
annexed to the Treaty on European Union and the Treaty establishing the
European Community, Denmark does not take part in the adoption of this
Regulation and is therefore not bound by it or subject to its application.
Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of
Part Three of the EC Treaty, Denmark should, in accordance with Article 5 of
the said Protocol, decide within a period of six months after the adoption of
this Regulation whether it will implement it in its national law.
(23)
This
Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does
not take part, in accordance with 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[14]; the United Kingdom is therefore
not taking part in its adoption and is not bound by it or subject to its
application.
(24)
This
Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take
part, in accordance with 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[15]; Ireland is therefore not taking
part in its adoption and is not bound by it or subject to its application.
(25)
This
Regulation is without prejudice to the arrangements for the United Kingdom's
and Ireland's partial participation in the Schengen acquis as determined by
Decision 2000/365/EC and Decision 2002/192/EC respectively.
(26)
As regards
Iceland and Norway, this Regulation 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 latter's association with the implementation, application and development
of the Schengen acquis[16], which fall within the area
referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May
1999 on certain arrangements for the application of that 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[17].
(27)
As
regards Switzerland, this Regulation constitutes a development of the
provisions of the Schengen acquis within the meaning of the Agreement between
the European Union, the European Community and the Swiss Confederation on the
Swiss Confederation's association with the implementation, application and
development of the Schengen acquis[18], which fall within the area
referred to in Article 1, point G of Decision 1999/437/EC read in conjunction
with Article 3 of Council Decision 2008/146/EC[19]
on the conclusion, on behalf of the European Community, of the Agreement.
(28)
As
regards Liechtenstein, this Regulation constitutes a development of the
provisions of the Schengen acquis within the meaning of the Protocol between the
European Union, the European Community, the Swiss Confederation and the
Principality of Liechtenstein on the accession of the Principality of
Liechtenstein to the Agreement between the European Union, the European
Community and the Swiss Confederation on the Swiss ConfederationÕs association
with the implementation, application and development of the Schengen acquis which fall within the area referred
to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999 read in
conjunction with Article 3 of Council Decision 2008/261/EC of 28 February 2008
on the signature, on behalf of the European Community, and on the provisional
application of certain provisions of the Protocol between the European Union,
the European Community, the Swiss Confederation and the Principality of
Liechtenstein on the accession of the Principality of Liechtenstein to the
Agreement between the European Union, the European Community and the Swiss
Confederation on the Swiss Confederation's association with the implementation,
application and development of the Schengen acquis[20].
(29)
deleted
HAS ADOPTED THIS REGULATION:
Article 0
General purpose
1. The Schengen
Information System set up pursuant to the provisions of Title IV of the 1990
Schengen Convention (SIS 1+), shall be replaced by a new system, the Schengen
Information System II (SIS II), the establishment, operation and use of which
is regulated by Regulation (EC) No 1987/2006.
2. In accordance
with the procedures and the division of tasks set out in this Regulation the
SIS II shall be developed by the Commission and the Member States as a single
integrated system and shall be prepared for operations.
Article 0A[21]
Definitions
For
the purposes of this Regulation, the following definitions shall apply:
(a) 'Central
SIS II' means the technical support function of SIS II containing a database,
the 'SIS II database', and a uniform national interface (NI-SIS).
(b) 'C.SIS'
means the technical support function of SIS 1+, containing the reference
database for SIS 1+ and the uniform national interface (N.COM).
(c) 'N.SIS'
means the national system of SIS 1+, consisting of the national data systems
which communicate with C.SIS.
(d) 'N.SIS II'
means the national system of SIS II, consisting of the national data systems
which communicate with Central SIS II.
(e) 'converter' means a
technical tool to allow consistent and reliable communication between C.SIS and
Central SIS II, ensuring the functionalities provided for in Article 5(2a).
(f) 'comprehensive test'
means the test referred to in Article 55(3)(c) of Council Regulation (EC) No
1987/2006 of the European Parliament and of the Council of 20 December 2006 on
the establishment, operation and the use of the second generation Schengen
Information System (SIS II)[22].
(g) 'test on supplementary
information' means functional tests between the SIRENE Bureaux.
Article 1
Subject
matter and scope
This Regulation defines the tasks and responsibilities of Commission,
France and the other Member States participating in SIS 1+ with respect to the
following tasks:
(a) the maintenance and
continuation of the development of SIS II;
(b) a comprehensive test of
SIS II;
(c) a test on supplementary
information;
(d) the continuation of the
development and testing of a converter;
(e) the establishment and
testing of a provisional migration architecture;
(f) the migration from SIS
1+ to SIS II.
Article 1A
Technical components of the migration architecture
In order to ensure the migration from SIS 1+ to SIS II, the following
components are necessary:
(a) the C.SIS and the
connection to the converter;
(b) the communication
infrastructure for SIS 1+ allowing the C.SIS to communicate with the N.SIS;
(c) the N.SIS;
(d) Central SIS II, NI-SIS
and the communication infrastructure for SIS II allowing the Central SIS II to
communicate with N.SIS II and the converter;
(e) the N.SIS II;
(f) the converter.
Article
1B
Main responsibilities in the
development of SIS II
1. The Commission
shall continue to develop the Central SIS II, the communication infrastructure
and the converter.
2. France shall make
available and operate C.SIS in accordance with the provisions of the Schengen
Convention.
3. The Member States
shall continue to develop N.SIS II.
4. The Member States
participating in SIS 1+ shall maintain N.SIS in accordance with the provisions
of the Schengen Convention.
5. The Member States
participating in SIS 1+ shall make available and operate the communication
infrastructure for SIS 1+.
6. The Commission
shall coordinate the activities and provide the necessary support for the
implementation of the tasks and responsibilities referred to in paragraphs 1 to
3.
Article 1C
Continuing the development
The measures necessary to continue the development of the SIS II as
referred to in Article 1B(1), in particular measures necessary for the
correction of errors, shall be adopted in accordance with the procedure defined in Article
11A(2).
The measures necessary to continue the development of the SIS II as
referred to in Article 1B(3), in so far as it concerns the uniform national
interface ensuring the compatibility of N.SIS II with Central SIS II, shall be
adopted in accordance with the procedure defined in Article 11A(2).
Article 1D
Main activities
1. The Commission
together with Member States participating in SIS 1+ shall conduct a
comprehensive test.
2. An interim SIS
migration architecture shall be set up and a test of that architecture shall be
performed by the Commission together with France and the other Member States
participating in SIS 1+.
3. The Commission
and the Member States participating in SIS 1+ shall perform the migration from
SIS 1+ to SIS II.
4. The Member States
participating in SIS 1+ shall perform a test on the exchange of supplementary
information.
5. The Commission
shall provide the necessary support at Central SIS II level for the activities
in paragraphs 1 to 4.
6. The activities in
paragraphs 1 to 3 shall be coordinated by the
Commission and the Member States participating in SIS 1+ acting within
the Council.
Article 2
deleted
Article 3
Comprehensive test
1.
The
comprehensive test shall not start before the Commission has declared that it
considers that the level of success of the tests referred to in Article 1 of
Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second
generation Schengen Information System (SIS II) is sufficient to begin such
a test.
2.
A
comprehensive test aiming at confirming, in particular, the completion by the
Commission and the Member States participating in SIS 1+ of the necessary technical
arrangements to process SIS II data and the demonstration that the level of
performance of SIS II is at least equivalent to that achieved with SIS 1+ shall
be performed.
2a. The comprehensive test
shall be executed by the Member States participating in SIS 1+ for the N.SIS II
and by the Commission for the Central SIS II.
3. The
comprehensive test shall follow a detailed schedule defined by Member States
participating in SIS 1+ acting within the Council in cooperation with the
Commission.
3a. The
comprehensive test shall be based on the technical specifications defined by
the Member States participating in SIS 1 + acting within the Council in
cooperation with the Commission.
3b. The Commission and the
Member States participating in SIS 1+ acting within the Council shall define
the criteria for determining whether the necessary technical arrangements to
process SIS II data are completed and the level of performance of SIS II is at
least equivalent to that achieved with SIS 1+.
4. The
test results shall be analysed using the criteria mentioned in paragraph 3b,
by the Member
States participating in SIS 1+ acting within the Council and the Commission.
The test results shall be validated in accordance with Article 55(3)(c) of
Regulation (EC) No 1987/2006[23].
5. Member
States not participating in SIS 1+ may participate in the comprehensive test.
Their results shall not affect the overall validation of the test.
Article 4
Test on supplementary information
1.
The
Member States participating in SIS 1+ shall conduct functional SIRENE tests.
1a. The
Commission shall make available Central SIS II and its communication
infrastructure during the execution of the test on supplementary information.
2.
The
test on supplementary information shall follow a detailed schedule defined by
Member States participating in SIS 1+ acting within the Council.
2a. The
test on supplementary information shall be based on the technical
specifications defined by the Member States participating in SIS 1+ acting
within the Council.
3.
The
test results shall be analysed by the Member States participating in SIS 1+
acting within the Council.
4.
Member
States not participating in SIS 1+ may participate in the test on supplementary
information. Their results shall not affect the overall validation of the test.
Article 5
Interim migration architecture
1.
An interim
SIS migration architecture shall be set up. The converter connects Central SIS
II and C.SIS for a transitional period. The N.SIS are connected to C.SIS, the
N.SIS II to Central SIS II.
2.
The
Commission shall provide a converter, the Central SIS II and its communication
infrastructure as part of the interim SIS migration architecture.
2a. The
converter shall convert data in two directions between the C.SIS and Central
SIS II and keep C.SIS and Central SIS II synchronised.
2b. The Commission shall test the
communication between Central SIS II and the converter.
2c. France shall test the
communication between C.SIS and the converter.
2d. The Commission and France
shall test the communication between Central SIS II and C.SIS via the
converter.
2e. France, together with
the Commission, shall connect C.SIS via the converter to Central SIS II.
3. The Commission,
together with France and the other Member States participating in SIS 1+, shall
test the interim SIS migration architecture as a whole in accordance with a
test plan provided by the Commission.
3a. France shall make
available data for test purpose, if necessary.
Article
6
Migration
from SIS 1+ to SIS II
0. For the migration
from C.SIS to Central SIS II, France shall make available the SIS 1+ database
and the Commission shall introduce the SIS 1+ database into Central SIS II.
1.
The
Member States participating in SIS 1+ shall migrate from N.SIS to N.SIS II
using the interim migration architecture, with the support of France and of the
Commission, by 30 September 2009 at the latest. If necessary, this date may be
changed in accordance with the procedure defined in Article 11A(2).
2.
The
migration of the national system from SIS 1+ to SIS II consists of the data
loading of N.SIS II, when that N.SIS II is to contain a data file (a 'national
copy'), containing a complete or partial copy of the SIS II database, followed
by a switchover from N.SIS to N.SIS II for each Member State. The migration
shall follow a detailed schedule provided by the Commission and the Member States participating in SIS
1+ acting within the Council.
3.
The
Commission shall assist in coordination and support of the common activities
during the migration.
4. The switchover
foreseen in the migration process shall be carried out after the validation
mentioned in Article 3(4).
Article
6A
Substantive legal framework
During the migration, the provisions of Title IV of the 1990 Schengen
Convention shall continue to apply to the Schengen Information System.
Article 7
deleted
Article 8
Cooperation
1.
The
Member States and the Commission shall cooperate for the execution of all the
activities covered by this Regulation
in accordance with their respective responsibilities.
1a. The Commission shall in
particular provide the necessary support at Central SIS II level for the
testing and migration of N.SIS II.
1b. Member States shall in
particular provide the necessary support at N.SIS II level for the testing of
the interim migration infrastructure.
Article
9
Keeping of records in Central SIS
II
1. Without prejudice
to the relevant provisions of Title IV of the Schengen Convention, the
Commission shall ensure that every access to and all exchanges of personal data
within Central SIS II are recorded for the purposes of checking whether or not
the search is lawful, monitoring the lawfulness of data processing and ensuring
the proper functioning of Central SIS II and of national systems, data
integrity and security.
2. The records shall
show, in particular, the date and time of the data transmitted, the data used
to perform searches, the reference to the data transmitted and the name of the
competent authority responsible for processing the data.
3. The records may
only be used for the purposes referred to in paragraph 1 and shall be deleted
at the earliest one year, and at the latest three years after their creation.
4. Records may be
kept longer if they are required for monitoring procedures that are already
underway.
5. The competent
authorities in charge of checking whether or not a search is lawful, monitoring
the lawfulness of data processing, self-monitoring and ensuring the proper
functioning of Central SIS II, data integrity and security, shall have access,
within the limits of their competence and at their request, to those records
for the purpose of fulfilling their tasks.
Article 10
Costs
1.
The
costs arising from migration, the comprehensive test, the test on supplementary
information, maintenance and development measures at Central SIS II level or
concerning the communication infrastructure shall be borne by the general
budget of the European Union.
2.
The
costs arising from migration, testing, maintenance and development of the
national systems shall be borne by each Member State concerned.
3.
The
costs arising from activities at SIS 1+ level, including supplementary
activities of France, acting on behalf of the Member States participating in
SIS 1+, shall be borne in accordance with the provisions of Article 119 of the
Schengen Convention.
Article 11
Amendment of the provisions of
the Schengen Convention
The provisions of the Schengen Convention are amended as follows.
1. The
following Article is inserted:
"Article
92A
1.
As
from the entry into force of Council Regulation (EC) No É/2008 and Council
Decision 2008/É/JHA and relying on the definitions contained in its Article 0A
the technical architecture of the Schengen Information System may be
supplemented by:
(a) an additional
central system composed of:
– technical
support function (Central SIS II), located in France and backup Central SIS II
located in Austria, containing the SIS II database and a uniform national
interface (NI-SIS);
– a
technical connection between the C.SIS and the Central SIS II via the converter
allowing the conversion and synchronisation of data between the C.SIS and the
Central SIS II;
(b) deleted
(c) a
national system (N.SIS II), consisting of the national data systems, which communicates with the
Central SIS II;
(d) an
infrastructure for communication between Central SIS II and the N.SIS II connected
to the NI-SIS.
2.
The
N.SIS II may replace the national section referred to in Article 92 in which
case the Member States need not hold a national data file.
2a. The central SIS II
database shall be available for the purpose of carrying out automated searches
in the territory of each Member State.
3.
In
case any of the Member States replace their national section by N.SIS II, the
obligations of (É) the technical support function towards the national sections as
mentioned in Article 92(2) and (3) become obligations towards Central SIS II,
without prejudice to the obligations referred to in Articles 1B(1), 5(1), (2)
and (2a) of Council Regulation (EC) No É/2008.
3a. The
Central SIS II shall provide the services necessary for the entry and
processing of SIS data, the on-line update of N.SIS II national copies, the
synchronisation of and consistency between N.SIS II national copies and the
Central SIS II database and provide operations for initialisation and
restoration of N.SIS II national copies.
4.
France,
responsible for the technical support function, the other Member States and the
Commission shall cooperate to ensure that a search in the data files of N.SIS
II or in the SIS II database produces a result equivalent to that of a search
in the data file of the national sections referred to in Article 92 (2)."
2. In
Article 119 first paragraph, the first sentence is replaced by the following:
"The costs of installing and
operating the technical support function referred to in Article 92(3),
including the cost of lines connecting the national sections of the Schengen
Information System to the technical support function, and of activities
performed in conjunction with tasks conferred upon France in application of
Council Decision (JHA) 2008/É/JHA and of Council Regulation (EC) No É/2008
shall be borne jointly by the Member States."
3. In
Article 119, the second paragraph is replaced by the following:
"The costs of installing and
operating the national section of the Schengen Information System and of tasks
conferred upon national systems under Council Regulation (EC) No É/2008 and
Council Decision 2008/É/JHA shall be borne by each Member State individually."
Article 11A
1. The
Commission shall be assisted by the Committee established by Article 51 of
Regulation (EC) No 1987/2006.
2. Where
reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC
shall apply, having regard to the provisions of Article 8 thereof.
The
period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.
Article 12
Entry
into force and applicability
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Union. It shall expire on the date to be
fixed by the Council, acting in accordance with Article 55(2) of Regulation
(EC) No 1987/2006.
This Regulation shall be binding in its entirety and directly applicable
in the Member States in accordance with the Treaty establishing the European
Community.
Done at Brussels, [É]
For
the Council
The
President
[É]
_____________________