Regulations on operation, composition and functions of the Joint...
Regulations on operation, composition and functions of the Joint Supervisory Authority
The Regulations on operation, composition and functions of the Joint Supervisory Authority are reported in the document below.
approved by the JSA on 2 February 1996.
Article 2 of which was amended by the JSA´s decision at its meeting of 4 July 1997
and amended on 27 April 1998 by the addition of a new Article 11.
The Joint Supervisory Authority,
Having regard to Article 115 of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of controls at the common borders, signed on 19 June 1990, hereinafter referred to as the «Convention»;
Adopted the following Rules of Procedure on 19 October 1995:
Article 1 - Terms of Reference
1.The Joint Supervisory Authority, in compliance with the present Rules of Procedure, shall carry out the tasks conferred upon it by virtue of the Convention, together with other tasks relating to the protection of personal data which it deems to be related to the implementation of the Convention.
2. In carrying out its tasks, the Joint Supervisory Authority may intervene either on its own initiative or at the request of the national supervisory authority of a Schengen Member State, a Contracting Party or a body of the Schengen System in compliance with the provisions of the Convention.
Article 2 - Composition
1. The Joint Supervisory Authority, in compliance with Article 115 of the Convention, shall be made up of two representatives of the national supervisory authority, referred to in Article 114 of the Convention, of each Contracting Party in which the Convention has entered into force in accordance with Article 140 of the Convention. A Contracting Party shall also be understood to mean a Party with which the Parties to the Schengen Agreement and the Schengen Convention have concluded a cooperation agreement on the abolition of controls on persons at the common internal borders, provided that this cooperation agreement has been implemented.
Each delegation shall carry one vote.
2. The Joint Supervisory Authority may, upon unanimous decision, grant observer status without the right to vote to the representatives of the national supervisory authorities, referred to in Article 114 of the Convention, or to independent experts of the Contracting Parties who do not yet fulfil the conditions laid down in the final sentence of Article 140 (2) of the Convention. A Contracting Party shall also be understood to mean a Party with which the Parties to the Schengen Agreement and the Schengen Convention have concluded a cooperation agreement on the abolition of controls at internal borders as defined in Article 1 of the Schengen Convention, provided that this cooperation agreement has been ratified, accepted or approved by all Parties but has not yet entered into force.
3. Neither the members of the Joint Supervisory Authority nor the observers may sit on working groups or be members of an authority - other than the national supervisory authority for the protection of personal data - instituted under the Convention. They may be included in their national delegations as experts.
4. If a member of the Joint Supervisory Authority is unable to attend a meeting, he may be replaced by a person designated by the national supervisory authority in compliance with the present article.
5. Members of the Joint Supervisory Authority may be accompanied by an expert to assist them.
Article 3 - Chairmanship
1. The Joint Supervisory Authority shall elect from among its members a Chairman and a Deputy Chairman. They shall be elected by a two-thirds majority of the delegations referred to under Article 2 (1). They shall have a one-year period of office renewable once.
2. The Deputy Chairman shall belong to a delegation other than that of the Chairman; he shall replace the Chairman in the event of the Chairman´s being absent or unable to attend.
3. Should a vacancy occur before the expiry of the period of office of the Chairman or the Deputy Chairman, a substitute shall be elected. The substitute elected shall perform his duties for the remainder of the period of office.
Article 4 - Role of the Chairman
1. The Chairman shall represent the Joint Supervisory Authority. He shall ensure its smooth running. He shall convene the Authority and set the venue, day and time of meetings. He shall call to order and adjourn the sessions. He shall lead the debates. The Chairman shall draw up the provisional agenda.
2. With a view to preparing for Joint Supervisory Authority deliberations, the Chairman may, for a specific subject, designate one or more rapporteurs from among the members.
Article 5 - Procedure
1. The Joint Supervisory Authority shall meet at least twice a year. Meetings shall also be held on the initiative of the Chairman as well as whenever at least three delegations, as referred to under Article 2 (1), put in a reasoned request to this effect, either verbally during the meeting or in writing. Lastly, the JSA shall meet in the cases provided for in the Convention.
2. Except in cases deemed urgent by the Chairman, the notice convening a meeting shall be sent out at least a fortnight before the date of the meeting. The notice shall comprise the provisional agenda as well as, as far as possible, the necessary documents for the debates.
3. The Joint Supervisory Authority shall adopt the final agenda at the beginning of each meeting.
Article 6 - Quorum and majority voting rules
1. Meetings of the Joint Supervisory Authority shall be valid only if at least two thirds of the delegations referred to under Article 2 (1) are present.
2. Except where there is provision in Article 13, the acts of the Joint Supervisory Authority shall be adopted if half plus one of the delegations present as referred to under Article 2 (1) are in favour.
3. Each delegation may deposit a note explaining its vote.
4. The Joint Supervisory Authority shall deliberate on the basis of documents and drafts written in one of the national languages of all of the Schengen States.
Article 7 - Openness and recipients of acts
1. Except as otherwise decided by the Joint Supervisory Authority, its meetings shall not be public.
2. The Joint Supervisory Authority shall determine who is to be sent its acts and shall decide whether or not to make them public, without prejudice to the provisions of Article 115 (4) of the Convention.
Article 8 - Written procedure
1.The acts of the Joint Supervisory Authority may be adopted by a written procedure, on condition that all the delegations have agreed to that procedure in principle during a meeting.
2. In the event of urgent matters, the Chairman may use the written procedure on his own initiative.
3. In either case, the Chairman shall send a draft to all members of the Joint Supervisory Authority. Any delegations who fail to send in their comments before a deadline, to be set by the Chairman, of at least one fortnight after the date of receipt of the draft, shall be deemed to have approved the draft.
4. The written procedure provided for under paragraph 2 of the present Article shall be terminated should a delegation, within five working days after the date of receipt of the draft, request that the draft be debated in the Joint Supervisory Authority.
Article 9 - Working groups, experts, on-site verifications
1. The Joint Supervisory Authority may institute working groups whose task it shall determine.
2. The Joint Supervisory Authority may call in experts. It may draw up a list of experts who shall be the first to be consulted.
3. As regards monitoring the technical support function, the Joint Supervisory Authority may designate one or more of its members to conduct on-site verifications. Should the Chairman consider the matter urgent, he may designate a member on his own initiative. In this case, he shall inform the members of the Joint Supervisory Authority forthwith. The members designated to carry out verifications may be assisted by experts from the above-mentioned list.
4.The working groups, experts and Authority members instructed to conduct verifications shall report on the results of their missions to the Joint Supervisory Authority.
Article 10 - Secretariat
1. The Secretariat of the Joint Supervisory Authority shall be assured under the responsibility of the Chairman by the personnel and services made available to it by the competent authority within Schengen cooperation.
2. The Secretariat shall maintain a register of the acts adopted by the Joint Supervisory Authority.
3. Correspondence to the Joint Supervisory Authority shall be addressed to the Secretariat, for the attention of the Chairman.
Article 11 – Joint Supervisory Authority budget
The Joint Supervisory Authority shall be granted a budget, shown as a separate budget heading in the Schengen budget, which shall enable the authority to implement its annual work programme in accordance with the tasks conferred upon it by the Schengen Convention.
Article 12 - Minutes
1. Minutes shall be drawn up for each meeting of the Joint Supervisory Authority.
2. The draft minutes shall be written by the Secretariat, under the responsibility of the Chairman. Minutes shall be submitted for approval by the Joint Supervisory Authority at the next meeting.
3. Members and observers may have the minutes rectified subsequently in accordance with the comments made by them during the relevant meeting.
Article 13 - Secrecy
1. Without prejudice to the application of Article 7 (2), members of the Joint Supervisory Authority, observers, experts and members of the Secretariat shall be bound to respect secrecy. This obligation does not apply vis-à-vis the national supervisory authorities or vis-à-vis the other national authorities to which members and observers have to report in compliance with their national laws.
Article 14 - Amendments to the Rules of Procedure
1. The Joint Supervisory Authority shall adopt provisions amending the present Rules of Procedure unanimously. Except where there is provision to the contrary, such proposals shall enter into force one week after their adoption.