Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006

Article 25 of the Convention implementing the Schengen Agreement is deleted.

Article 65

Repeal

Regulation (EC) No 1987/2006 is repealed from the date of application of this Regulation as set out in the first subparagraph of Article 66(5).

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex.

Article 66

Entry into force, start of operation and application

1. This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

1. No later than 28 December 2021, the Commission shall adopt a decision setting the date on which SIS operations start pursuant to this Regulation, after verification that the following conditions have been met:

(a) the implementing acts necessary for the application of this Regulation have been adopted;

(b) Member States have notified the Commission that they have made the necessary technical and legal arrangements to process SIS data and exchange supplementary information pursuant to this Regulation; and

(c) eu-LISA has notified the Commission of the successful completion of all testing activities with regard to CS-SIS and to the interaction between CS-SIS and N.SIS.

1. The Commission shall closely monitor the process of gradual fulfilment of the conditions set out in paragraph 2 and shall inform the European Parliament and the Council about the outcome of the verification referred to in that paragraph.

1. By 28 December 2019 and every year thereafter until the decision of the Commission referred to in paragraph 2 has been taken, the Commission shall submit a report to the European Parliament and to the Council on the state of play of preparations for the full implementation of this Regulation. That report shall contain also detailed information about the costs incurred and information as to any risks which may impact the overall costs.

1. This Regulation shall apply from the date determined in accordance with paragraph 2.

By way of derogation from the first subparagraph:

(a) Article 4(4), Article 5, Article 8(4), Article 9(1) and (5), Article 15(7), Article 19, Article 20(3) and (4), Article 32(4), Article 33(4), Article 47(4), Article 48(6), Article 60(6) and (9), Article 61, Article 62, points (1) to (6) and point (8) of Article 63, and paragraphs 3 and 4 of this Article shall apply from the date of entry into force of this Regulation;

(b) point (9) of Article 63 shall apply from 28 December 2019;

(c) point (7) of Article 63 shall apply from 28 December 2020.

1. The Commission decision referred to in paragraph 2 shall be published in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels, 28 November 2018.

For the European Parliament

The President

A. Tajani

For the Council

The President

K. Edtstadler

Annex

ANNEX

Article 32Article 42Article 33Article 43Article 34Article 44—Article 45Article 35Article 46Article 36Article 47Article 37Article 48Article 38Article 49Article 39Article 50Article 40——Article 51Article 41Article 53Article 42Article 52Article 43Article 54Article 44Article 55Article 45Article 56Article 46Article 57Article 47—Article 48Article 58Article 49Article 59Article 50Article 60—Article 61Article 51Article 62Article 52——Article 63—Article 64Article 53——Article 65Article 54—Article 55Article 66