EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 23.8.2005 
COM(2005) 236 final/2 
2005/0106 (COD)   
CORRIGENDUM : Annule et remplace la fich e financière du document COM(2005)236 final 
du 31.5.2005. Concerne les versions FR, EN et DE. 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the establishment, operation and use of the second generation Schengen information 
system (SIS II) 
(presented by the Commission) 
 
EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL   
1.1. Grounds for and objectives of the proposal General objective
 
The main objective of this Regulation, together  with the Decision on the establishment, 
operation and use of the second generation of the Schengen Info rmation System (hereinafter 
referred to as “SIS II”) based on Title VI of the Treaty on the Europe an Union (hereinafter 
referred to as the “EU Treaty”) is  to establish the legal framewor k that shall govern the SIS II. 
The availability of the SIS II as a compensatory  measure that contributes to maintain a high 
level of security within an ar ea without internal border controls  is crucial so that the new 
Member States can fully apply the Schengen acqui s and that their citizens can benefit from all 
the advantages of an ar ea of free movement.  
In this context, the Council laid down in Dece mber 2001 the first foundations for the SIS II by 
assigning its technical development to the Comm ission and allocating the necessary financial 
resources from the Budget of the European Union1. This Regulation together with the 
aforementioned Decision (hereinafter referred to as the “Decision”) represent now the second 
legal step, both instruments lay down common provisions on the arch itecture, financing, 
responsibilities and general data processing an d data protection rules for the SIS II. Apart 
from these common rules, the Decision contains  specific provisions re garding the processing 
of SIS II data for supporting po lice and judicial cooperation in criminal matters, while this 
Regulation rules on the processing of SIS II data supporting the implementation of policies linked to the movement of persons part of the Schengen acquis (e.g. external borders and 
visa). 
Specific objectives
 
This Regulation, as well as the Decision, is largely based on the current provisions on the 
Schengen Information System (hereinafter re ferred to as the “SIS”) contained in the 
Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between 
the governments of the States of the Bene lux economic union, the Federal Republic of 
Germany and the French Republic on the gradual abolition of checks at their common borders 
(hereinafter referred to as  the “Schengen Convention”)2 taking also into account the 
Conclusions of the Council and the Resoluti ons of the European Parliament on SIS II3. In 
addition, this Regulation also aims to better a lign the SIS legal framew ork with EU law and 
enlarge the use of the SIS II, in particular, in the following areas:  
                                                 
1 Regulation EC No 2424/2001 and Decision 2001/886/JHA on the development of the second generation 
of the Schengen Information System, 
2 Articles 92 to 119 of the Schengen Convention (OJ L 239,22.09.2000, p. 19) taking into account also 
the amendments entered in the Convention following the adoption of the Regulation EC No 871/2004 
concerning the introduction of some new functions for the SIS, including in the fight against terrorism, 
OJ L 162, 30.04.2004, p. 29. 
3 Council Conclusions on SIS II of 5-6 June 2003, 29 April and 14 June 2004 and European Parliament’s 
Opinions and Resolutions T4-0082/1997, T5-0610/2002, T5-0611/2002, T5-0391/2003, T5-0392/2003 
and T5-0509/2003 
 
EN 3   EN – Alerts issued to third country nationals for the purpose of refusing entry . The current 
rules on these alerts have been reviewed in order to further harmonise the grounds 
for issuing such alerts in the SIS II. This is due to the current diverging practices in 
the Member States for issuing such alerts.  
– Additional access to the alerts is sued to third country nationals . The Regulation has 
enlarged the scope of these alerts so that the authorities responsible for asylum and immigration will also gain access to these alerts in certain cases and in accordance 
with their competencies. These new uses ar e foreseen in the context of the fight 
against illegal immigration and more in particular for the return of illegal third country nationals, as well as, for the impl ementation of provisions of the asylum 
acquis related to public order and security or determination of the responsibility of 
the Member State for an asylum application.  
– Better data quality and improve d identification performance
. This Regulation lays 
down the possibility, subject to the consent of  the individual, of entering in the SIS II 
information on persons whose identity has been abused in order to avoid further inconveniences caused by miside ntifications. This Regulat ion also allows for the 
processing of biometrics that will resu lt in more accurate identifications and 
improved quality of the personal data entered in the system.  
– Data protection
. The Regulation confirms the co mpetence of the European Data 
Protection Supervisor to monitor the SI S II data processing carried out by the 
Commission and the application of the Co mmunity acquis relevant to this field. 
– Inter-governmental origin of  the current SIS provisions . These provisions developed 
in an inter-governmental framework will be replaced by classic European law 
instruments. The advantage is that the diffe rent institutions of the European Union 
will be this time associated in the a doption and implementation of these new 
instruments and the legal value of the ru les governing the SIS will be reinforced.  
– Operational management of the SIS II.  This Regulation entrusts the Commission 
with the operational management of the system. The operational management of the Central Part of the current SIS is  carried out by one Member State. 
1.2. General context 
The SIS 
 
The progressive establishment of  an area of freedom, security and justice involves creating an 
area without internal frontiers. To this end, Ar ticle 61 of the Treaty es tablishing the European 
Community (hereinafter, referred to as “EC Treaty”) requires th e adoption of measures aimed 
at ensuring the free movement of persons, in acc ordance with Article 14  of the EC Treaty, in 
conjunction with flanking measures on external  border controls, asylum and immigration, as 
well as measures to prevent and combat crime. 
The SIS is a common information system allowi ng the competent authorities in the Member 
States to cooperate, by exchanging informati on for the implementatio n of various policies 
required, in order to establish an area without internal border controls. It allows these 
authorities, through an automatic query procedure,  to obtain information related to alerts on 
persons and objects. The information obtained is used, in particular, for police and judicial 
 
EN 4   EN cooperation in criminal matters, as  well as for controls of persons at the ex ternal borders or on 
national territory and for the issuance of visas a nd residence permits. The SI S, therefore, is an 
indispensable component of the Schengen ar ea for applying the Schengen provisions on the 
movement of persons and in ensuring a high leve l of security in this area. Consistency with a 
wide range of policies linked to control of exte rnal borders, visa, immi gration and also police 
and judicial cooperation in criminal matters is, therefore, essential. 
Existing provisions and rela ted proposals in this area  
Articles 92 – 119 of th e Schengen Convention are the basi c legal provisions governing the 
SIS. Adopted in an inter-governmental framework, they were incorporated in the institutional 
and legal framework of the European Union fo llowing the entry into force of the Treaty of 
Amsterdam. 
This Regulation is tabled together with a De cision on the establishment, operation and use of 
the SIS II, based on Title VI of the EU Treaty. A third proposal based on Title V EC Treaty 
(Transport) regarding the specif ic issue of access to the SIS II by the authorities and services 
in the Member States responsib le for issuing registration cer tificates for vehicles will 
complete these two proposals. 
This Regulation and the Decision based on Title VI of the EU Treaty will replace Articles 92-
119 of the Schengen Convention and the Deci sions and Declarations of the Schengen 
Executive Committee which are related to the SIS.  
In addition, this Regulation will also repeal Regulation (EC) No 378/20044 of 19 February 
2004 on procedures for amending the SIRENE Manual.  
Calendar  
The legal instruments re gulating the SIS II should be a dopted in due time for allowing the 
necessary preparations to this new system and, in particular, the migration from the current 
system to the SIS II. 
2. L EGAL ASPECTS  
2.1. Legal basis 
The Schengen acquis , including the SIS,  was integrated into the EU framework on 1 May 
1999 by the Protocol annexed to the Amsterdam Treaty . The Council defined the parts of the 
Schengen acquis integrated in the Union fram ework in its Decision of 20 May 1999. These 
included the arrangements rega rding the SIS i.e. Articles 92 to 119 of the Schengen 
Convention and the relevant Executive Committee decisions and declarations. 
Council Decision 1999/436/EC of 20 May 19995 determined the legal basis in the Treaties for 
each of the provisions or decisions which cons titute the Schengen acquis. Nevertheless, the 
Council did not reach a decision on the provi sions regarding the SIS. Therefore, the 
provisions of the Schengen acquis concerning th e SIS are “regarded as acts based on Title VI 
                                                 
4 OJ L 64, 02.03.2004, p. 5. 
5 OJ L 176, 10.7.1999, p. 17. 
 
EN 5   EN of the Treaty on European Union” on the basi s of Article 2 (1) of the Schengen Protocol. 
However, under Article 5 (1) of the Protoc ol, any new proposal co ncerning the Schengen 
acquis must be based on the appropri ate legal basis in the Treaties.  
In terms of a legal instrument which aims at establishing procedures for the systematic 
exchange of information between Member Stat es and at defining the architecture of the 
information system (SIS II) that shall support them , the appropriate legal base is Article 66 of 
the EC Treaty. The exchange of information is an action of coope ration between Member 
States’ relevant departments, as  laid down in Article 66. The lega l base of Article 66 can also 
cover provisions on what authorit ies have access to the SIS II; thus, the proposal allows for 
the access of the authorities responsible for exte rnal borders, visas, asylum and immigration.  
Article 62 (2) (a) also constitutes a pertinent lega l base for this Regulation in that substantive 
rules are laid down which affect the policy on the control at external borde rs; this particularly 
relates to the nature of the alerts which can be issued and the action to be taken thereon by the authorities responsible for the control of extern al borders. These authorities must, as part of 
the checks at the external borde rs, search the person wishing to enter Community territory 
against the SIS. 
2.2. Subsidiarity and proportionality 
In accordance with the principle of subsidiarity , the objective of the proposed action, namely 
the sharing of information regarding certain  categories of persons and objects through a 
computerised information system, cannot be ach ieved by the Member St ates. Because of the 
very nature of a common information system and by reason of the scale and impact of the 
action, it can be better achieved at Community level. The present in itiative does not go 
beyond what is necessary to  achieve its objective.  
The activities of the Commission are limited to the operational management of the SIS II 
comprising a central database , national access points and the communication infrastructure 
connecting both. Member States are competent for the national systems, for their connection 
to the SIS II and will enable the competent aut horities to process SIS II data. The consultation 
of the data is restricted to competent authorities of each Memb er State, specified for each of 
the purposes as defined in this Regulation and limited to the extent the data are required for 
the performance of the tasks in accordance with these purposes.  
2.3. Choice of instruments 
The Regulation instrument is warranted in view of the need to apply fully-harmonised rules, 
in particular in relation to the processing of data in the system. The provisions set out in this 
Regulation must constitute a set of precise, unconditional provisions th at are directly and 
uniformly applicable in a mandatory way a nd, by their very natu re, require no action by 
Member States to transpose them into national law.  
2.4. Participation in the SIS II 
This Regulation has its legal basis in Title IV of the EC Treaty and constitutes a development 
of the Schengen acquis. It must, therefore, be  proposed and adopted in compliance with the 
Protocols annexed to the Amsterdam Treat y on the position of the United Kingdom and 
Ireland and on the position of Denmark and the Pr otocol integrating the Schengen acquis into 
the framework of the European Union. 
 
EN 6   EN a) United Kingdom and Ireland  
The proposed Regulation develops the provisions of the Schengen acquis, in which the United 
Kingdom and Ireland do not participate, in ac cordance with Council De cision 2000/365/EC of 
29 May 2000, concerning the request of the Un ited Kingdom of Great Britain and Northern 
Ireland to take part in some of the provisions of the Schengen acquis6, and with Council 
Decision 2002/192/EC of 28 February 2002, concerni ng Ireland’s request to take part in some 
of the provisions of the Schengen acquis.7 The United Kingdom and Ireland are, therefore, not 
parties to the adoption of the Regulation, which neither binds nor applies to them. 
b) Denmark In accordance with the Protocol on the posit ion of Denmark annexed to the EC Treaty, 
Denmark does not participate in the Council’s a doption of measures pursuant to Title IV of 
the EC Treaty. When these proposals develop the Schengen acquis, in accordance with Article 
5 of the Protocol, “Denmark shall decide with in a period of six mont hs after the Council has 
decided on a proposal or initia tive to develop the Schengen ac quis under the provisions of 
Title IV of the EC Treaty, whether it will impl ement this decision in its national law”.  
c) Norway and Iceland In addition, in accordance with the first paragraph of Article 6 of the Protocol integrating the 
Schengen acquis, an agreement was signed on 18 May 1999 between the Council, Norway 
and Iceland in order to associ ate those two countries with th e implementation, application and 
development of the Schengen acquis. 
Article 1 of the Agreement provides that Norway  and Iceland are to be associated with the 
activities of the European Community and the European Union in the fields covered by the 
provisions referred to in Annexe s A (provisions of the Schengen acquis) and B (provisions of 
European Community acts which have replaced corresponding provisions of, or were adopted 
pursuant to, the Schengen Convention) to the Agreement and further developments. 
Pursuant to Article 2, the acts and measures adopted by the European Union to amend or 
supplement the Schengen acquis which has been  integrated into th e framework of the 
European Union (Annexes A and B) are implem ented and applied by Norway and Ireland. 
The proposal presented develops the Schenge n acquis as defined in Annex A to the 
Agreement. 
d) New Member States  Since the initiative constitutes an act buildi ng upon the Schengen acquis or otherwise related 
to it within the meaning of Article 3(2) of  the Act of Accession, th e Regulation shall only 
apply in a new Member State pursuant to a Council decision in conformity with this 
provision. 
                                                
 
6 OJ L 131, 1.6.2000, p. 43. 
7 OJ L 64, 7.3.2002, p. 20.  
 
EN 7   EN e) Switzerland 
As regards Switzerland, this Regulation consti tutes a development of the provisions of the 
Schengen acquis within the meaning of the Ag reement signed by the European Union, the 
European Community and the Swiss Confedera tion on the latter's association with the 
implementation, application and development of the Schengen acquis8 which fall within the 
area referred to in Article 1 po int g of Council decision 1999/437/EC9 read in conjunction 
with Article 4 (1) of the Council Decision 2004/860/EC on the signing, on behalf of the 
European Community, and on the provisional a pplication of certain provisions of this 
Agreement10. 
3. B UDGETARY IMPLICATIONS  
Council Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA on the 
development of the second generation of the Schengen Information System11 laid down that 
the expenditure involved in the development of the SIS II is to be charged to the budget of the European Union. The present proposal establishes that the cost incurred  for the operation of 
the SIS II shall continue to be covered by the budget of the European Union. Although the 
biggest expenditure will be made during th e development phase (design, construction and 
testing of the SIS II), the operational phase , starting in 2007, will constitute a long-term 
budgetary commitment that must be examined in  the light of the new financial perspectives. 
Adequate human and financial resources will have to be allocated to the Commission, which 
is responsible for the operational management of the system during a first transitional or 
interim phase. For the mid to long-term the Commission will assess the different 
externalisation options, taking in to account the synergy effects resulting from the operation of 
several other large-scale IT systems such as the VIS (Visa Information system) and 
EURODAC.  
The Commission has prepared a common financial statement annexed to this Regulation valid 
also for the Decision proposed unde r Title VI of the EU Treaty. 
                                                
 
8 Council document 13054/04. 
9 OJ L 176 of 10.07.1999, p. 31. 
10 OJ L 370, 17.12.2004, p.78. 
11 OJ L 328 of 13.12.2001, p. 1. 
 
EN 8   EN 2005/0106 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the establishment, operation and use of the second generation Schengen information 
system (SIS II) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Communit y, and in particular Article 
62 (2) (a) and Article 66 thereof, 
Having regard to the proposal from the Commission12, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty13, 
Whereas : (1) The Schengen information system (hereinaft er referred to as “SIS”) set up pursuant to 
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 Fren ch Republic on the gr adual abolition of 
checks at their common borders
14 (hereinafter referred to as the “Schengen 
Convention”), constitutes an essential tool for the application of the provisions of the 
Schengen acquis as integrated into th e framework of the European Union. 
(2) The development of the second generation of  the SIS (hereinafter, referred to as “SIS 
II”) has been entrusted to the Commissi on pursuant to Council Regulation (EC) No 
2424/200115 and Council Decision No 2001/886/JHA16 of 6 December 2001 on the 
development of the second generation Schengen Information System (SIS II). The SIS II will replace the SIS as esta blished by the Schengen Convention. 
(3) This Regulation constitutes the necessary legislative basis for governing the SIS II in 
respect of matters falling within the scope  of the Treaty establishing the European 
Community (hereinafter referred to as  the “EC Treaty”). Council Decision No 
2006/XX/JHA on the establishment, operation and use of the SIS II
17 constitutes the 
necessary legislative basis for governing the SIS II in respect of matters falling within 
                                                 
12 OJ C , , p. . 
13 OJ C , , p. . 
14 OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regulation (EC) No 871/2004 (OJ L 162, 
30.4.2004, p. 29). 
15 OJ L 328 , 13.12.2001, p.4. 
16 OJ L 328, 13.12.2001, p. 1.  
17 OJ. L… 
 
EN 9   EN the scope of the Treaty of the European Union (hereinafter referred to as the “EU 
Treaty”). 
(4) The fact that the legislative basis n ecessary for governing the SIS II consists of 
separate instruments does not affect the principle that th e SIS II constitutes one single 
information system that should operate  as such. Certain provisions of these 
instruments should therefore be identical.  
(5) The SIS II should constitute a compensatory measure contributing to maintaining a 
high level of security within an area wit hout internal border cont rols between Member 
States by supporting the implementation of po licies linked to the movement of persons 
part of the Schengen acquis.  
(6) It is necessary to specify the objectives of the SIS II and to lay down rules concerning 
its operation, use and responsib ilities including its technical architecture and financing, 
categories of data to be entered into the system, the purposes for which they are to be entered, the criteria for their entry, the authorities authorised to access it, the interlinking of alerts and further rules on data processing a nd the protection of 
personal data. 
(7) The expenditure involved in the operation of  SIS II should be ch arged to the budget of 
the European Union.  
(8) It is appropriate to establish a manual setti ng out the detailed rules for the exchange of 
supplementary information in relation with  the action required by the alert. National 
authorities in each Member State should to ensure the exchange of this information. 
(9) The Commission should be responsible for the operational management of the SIS II 
in particular in order to ensure a smoot h transition between th e development of the 
system and the start of its operations.  
(10) It is appropriate to further harmonise th e provisions on the grounds for issuing alerts to 
third country nationals for the purpose of refusing entry and to clarify their use in the 
framework of asylum, immigration and retu rn policies. The grounds for issuing such 
alerts, their purposes and the authorities w ith right to access them should be more 
homogeneous. 
(11) Alerts aiming at refusing entry should not  be kept longer in the SIS II than the period 
of refusal of entry set out in the national deci sion giving rise to the alert. As a general 
principle, they should be au tomatically erased from the SIS II after a maximum period 
of five years. Member States should review at least annually these alerts. 
(12) The SIS II should permit the processing of biometric data in order to assist in the 
reliable identification of i ndividuals concerned. In the sa me context the SIS II should 
also allow for the processing of data of indi viduals whose identity has been misused in 
order to avoid inconve niences caused by their misidentif ication, subjec t to suitable 
safeguards, in particular the consent of th e individual concerned and a strict limitation 
of the purposes for which such da ta can be lawfully processed. 
(13) The SIS II should offer Member States the possibility to establis h links between alerts. 
The establishment of links by a Member State between two or more alerts should have 
 
EN 10   EN no impact on the action to be taken, the cons ervation period or the access rights to the 
alerts. 
(14) Directive 1995/46/EC of the European Parliament and the Council of 24 October 1995 
on the protection of individuals with regard to the processing of personal data and on 
the free movement of such data18 applies to the processing of personal data carried out 
in application of this Regulation. This incl udes the designation of the controller in 
accordance with Article 2 (d) of that Directiv e and the possibility for Member States to 
provide for exemptions and restrictions to so me of the provided ri ghts and obligations 
in accordance with Article 13 (1) of that Di rective including as regards the rights of 
access and information of the individual concer ned. The principles set out in Directive 
1995/46/EC should be supplemented or clarifie d in this Regulation, where necessary.  
(15) Regulation (EC) No 2001/45 of the Eur opean 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 data19 applies to the processing of pers onal data by the European Commission. 
The principles set out in that Regulation should be supplemented or clarified, where 
necessary.  
(16) It is appropriate that national inde pendent supervisory authorities monitor the 
lawfulness of the processing of personal data by the Member States, whilst the 
European Data Protection Supervisor should monitor the activities of the Commission 
in relation to the processing of personal data. 
(17) Liability of the Community arising fr om any breach by the Commission of this 
Regulation is governed by the second para graph of Article 288 of the EC Treaty. 
(18) In order to ensure transparency, a re port on the activities of the SIS II and on the 
exchange of supplementary information should be produced every two years by the 
Commission. An overall eval uation should be issued by the Commission every four 
years.  
(19) Some aspects of the SIS II such as comp atibility of alerts, links between alerts and 
exchange of supplementary informati on cannot be covered exhaustively by the 
provisions of this Regulation du e to their technical nature, level of detail and need for 
regular update. Implementing powers in resp ect of those aspects should therefore be 
delegated to the Commission.  
(20) The measures necessary for the implemen tation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of impl ementing powers conferred on the Commission
20. 
(21) It is appropriate to lay down transitional provisions in respect of alerts issued in the 
SIS in accordance with the Schengen Convention,  which will be transferred to the SIS 
II or alerts issued in the SIS II during a tran sitional period before al l provisions of this 
Regulation become applicable. Some pr ovisions of the Schengen acquis should 
                                                 
18 OJ L 281, 23.11.1995, p. 31 
19 OJ L 8, 12.1.2001, p. 1. 
20 OJ L 184, 17.7.1999, p. 23. 
 
EN 11   EN continue to apply for a limited period of time until the Member States have examined 
the compatibility of those alerts with the new legal framework.  
(22) It is necessary to lay down special provisions regardi ng the remainder of the budget 
affected to the operations of the SIS which are not part of the budget of the European 
Union.  
(23) Since the objectives of th e action to be taken, namely the establishment and regulation 
of a joint information system, 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 Ar ticle 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. 
(24) This Regulation respects the fundame ntal rights and observes the principles 
recognised, in particular by the Charter of Fundamental Rights of the European Union.  
(25) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark 
annexed to the Treaty on European Union a nd the Treaty establis hing the European 
Community, Denmark is not a party to th e 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 Titl e IV of Part Three of the 
EC Treaty, Denmark shall, 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.   
(26) This Regulation constitutes a development of the SIS for the purpose of its application 
in relation to provisions of the Schengen acquis relating to the movement of persons; 
the United Kingdom has not app lied to and is not taking part in the SIS for these 
purposes, 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 
21; the United Kingdom 
is, therefore, not party to its  adoption and is not bound by or subject to its application. 
(27) This Regulation constitutes a development of the SIS for the purpose of its application 
in relation to provisions of the Schengen acquis relating to the movement of persons; 
Ireland has not applied to and is not taking part in the Schengen Information System 
for these purposes, in accord ance with Council Decision  2002/192/EC of 28 February 
2002 concerning Ireland's request to take pa rt in some of the provisions of the 
Schengen acquis 22; Ireland is, therefore, not part y to its adoption and is not bound by 
it or subject to its application. 
(28) As regards Iceland and Norway, this  Regulation constitutes a development of 
provisions of the Schengen acquis within th e meaning of the Agreement concluded by 
the Council of the European Union and th e Republic of Iceland and the Kingdom of 
Norway concerning the association of t hose two States with the implementation, 
                                                 
21 OJ L 131, 1.6.2000, p. 43. 
22 OJ L 64, 7.3.2002, p. 20. 
 
EN 12   EN application and development of the Schengen acquis23, which fall within the area 
referred to in Article 1, point G of C ouncil Decision 1999/437/EC  of 17 May 1999 on 
certain arrangements for the a pplication of that Agreement. 
(29) As regards Switzerland, this Regulation c onstitutes a development of the provisions of 
the Schengen acquis within the meani ng of the Agreement signed between the 
European Union, the European Community and the Swiss Confederation concerning 
the association of the Swiss Confederati on with the implementa tion, application and 
development of the Schengen acquis, which fa lls within the area referred to in Article 
1, point G of Council Decision 1999/437/EC read  in conjunction with Article 4 (1) of 
Council Decision 2004/860/EC on the signing, on  behalf of the European Community, 
and on the provisional application of cer tain provisions of that Agreement24. 
(30) This Regulation constitutes an act building on the Schengen acquis or otherwise 
related to it within the meaning of Article 3 (2) of the 2003 Act of Accession, 
HAS ADOPTED THIS REGULATION:  
CHAPTER I 
General provisions 
Article 1 
Establishment and general objective of the SIS II 
1. A computerised information system ca lled the second generation of the Schengen 
Information System (hereinafter referred to  as “SIS II”) is he reby established to 
enable competent authoritie s of the Member States to cooperate by exchanging 
information for the purposes of controls on persons and objects.  
2. The SIS II shall contribute to maintaining a high level of security within an area 
without internal border controls between Member States. 
Article 2 
Scope  
1. This Regulation defines the conditions and procedures fo r the processing of alerts 
issued in respect of third country nati onals in the SIS II and the exchange of 
supplementary information for the purpose of  refusing entry into the territory of the 
Member States. 
                                                 
23 OJ L 176, 10.7.1999, p. 31. 
24 OJ L 370, 17.12.2004, p.78 
 
EN 13   EN 2. This Regulation also lays down provisions on the technical architecture of the SIS II, 
responsibilities of the Member States a nd the Commission, general data processing, 
rights of individuals co ncerned and liability. 
Article 3 
Definitions  
1. For the purposes of this Regulation, th e following definitions shall apply: 
(a) “alert” means a set of data entered in the SIS II allowing the competent 
authorities to identify a person or an obj ect in view of a specific action to be 
taken; 
(b) “supplementary information” means the information not stored in the SIS II, 
but connected to SIS II alerts, which is n ecessary in relation to  the action to be 
taken;  
(c) “additional data” means the data stored  in the SIS II and c onnected to SIS II 
alerts which is necessary for allowing the competent authorities to take the appropriate action; 
(d) “third country national” means any individual who is not a citizen of the 
European Union within the meaning of Article 17(1) of the EC Treaty and who 
is not a person enjoying the Commu nity right of free movement; 
(e) “persons enjoying the Community right of free movement” means: 
(i) citizens of the Union within the meaning of Article 17(1) of the EC 
Treaty, and third-country nationals w ho are members of the family of a 
citizen of the Union exercising his right to free movement, to whom Directive 2004/38/EC of the European  Parliament and of the Council on 
the right of citizens of the Union a nd their family members to move and 
reside freely within the territory of the Member States 
25 applies; 
(ii) third-country nationals and thei r family members, whatever their 
nationality, who, under agreements between the Community and its Member States, on the one hand, and the countries of which they are nationals, on the other, enjoy rights of free movement equivalent to those 
of citizens of the Union.  
2. “Processing of personal data”, “processing” , and “personal data” shall be understood 
in accordance with Article 2 of Directive 95/46/EC of the European Parliament and 
of the Council
26. 
                                                 
25 OJ L 158, 30.04.04, p. 77. 
26 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the 
protection of individuals with regard to the processing of personal data and on the free movement of 
such data, OJ L 281 23.11.1995, p. 31. 
 
EN 14   EN Article 4 
Technical architecture and wa ys of operating the SIS II 
1. The SIS II is composed of: 
(a) a central database called “the Central Schengen Information System” 
(hereinafter referred to as “CS-SIS”); 
(b) one to two access points defined by each  Member State (hereinafter referred to 
as “NI-SIS”);  
(c) a communication infrastructure be tween the CS-SIS and the NI-SIS. 
2. The National Systems of the Member States (hereinafter referred to as “NS”) shall be 
connected to the SIS II via the NI-SIS.  
3. The national competent authorities referre d to in Article 21 (3) shall enter data, 
access and perform searches in the SIS II direct ly or in a copy of data of the CS-SIS 
available in their NS. 
4. The communication infrastructure between th e CS-SIS and the NI-SIS shall also be 
used by Member States for the excha nge of supplementary information.  
Article 5 
Costs 
1. The costs incurred in connection with th e operation and maintenance of the SIS II 
comprising CS-SIS, NI-SIS and the communi cation infrastructure between CS-SIS 
and NI-SIS shall be borne by the budget of the European Union.  
2. The costs of developing, adapting and operating each NS shall be borne by the 
Member State concerned. 
3. Additional costs incurred as a result of the use of the copies referred to in Article 4 
(3) shall be borne by the Member Stat es that make use of such copies. 
 
EN 15   EN CHAPTER II 
Responsibilities of the Member States 
Article 6 
National Systems 
Each Member State shall be responsible for operating and maintaining its NS and connecting 
it to the SIS II. 
Article 7 
SIS II national office and SIRENE authorities 
1. Each Member State shall designate an  office which shall ensure competent 
authorities’ access to the SIS II in accordance with this Regulation.  
2. Each Member State shall designate the au thorities which shall ensure the exchange 
of all supplementary information, here inafter referred to  as the “SIRENE 
authorities”. These authorities shall verify the quality of the information entered into 
the SIS II. For those purposes they shall ha ve access to data pro cessed in the SIS II. 
3. The Member States shall inform each other and the Commission of the office 
referred to in paragraph 1 and of the SIRE NE authorities referred to in paragraph 2. 
Article 8 
Exchange of supplementary information  
1. Member States shall exchange all suppl ementary information through the SIRENE 
authorities. Such information shall be exchanged in order to allow Member States to 
consult or inform each other whilst enteri ng an alert, following a hit, when the 
required action cannot be taken, when dealin g with the quality of SIS II data and 
compatibility of alerts as well as for the exercise of the right of access.  
2. Detailed rules for the exchange of suppl ementary information shall be adopted in 
accordance with the procedure defined in Arti cle 35 (3) in the form of a manual to be 
called the “SIRENE Manual”. 
 
EN 16   EN Article 9 
Technical Compliance 
1. Each Member State shall ensure the comp atibility of its NS with the SIS II and 
observe the procedures and technical sta ndards established for that purpose, in 
accordance with the procedure refe rred to in Article 35 (2). 
2. Where relevant, Member States shall ensure that the data present in the copies of the 
data of the CS-SIS database is at all times  identical and consistent with the CS-SIS. 
3. Where relevant, Member States shall ensure th at a search in copies  of the data of the 
CS-SIS produces the same result as a s earch performed directly in the CS-SIS. 
Article 10 
Security and confidentiality 
1. Member States having access to data proces sed in the SIS II shall take the necessary 
measures to: 
(a) prevent any unauthorised person ha ving access to installations in which 
operations relating to the NI-SIS and NS are carried out (checks at the entrance to the installation);  
(b) prevent SIS II data and data media fro m being accessed, read , copied, modified 
or erased by unauthorised pers ons (control of data media);  
(c) prevent the unauthorised accessing, r eading, copying, modification or erasure 
of SIS II data for transmission between  the NS and the SIS II (control of 
transmission); 
(d) ensure the possibility of  checking and establishing a posteriori  what SIS II data 
has been recorded, when and by whom  (control of data recording);  
(e) prevent unauthorised processing of SI S II data in the NS and any unauthorised 
modification or erasure of SIS II data recorded in the NS (control of data 
entry);  
(f) ensure that, in using the NS, authoris ed persons have access only to SIS II data 
which fall within their competence (control of access);  
(g) ensure that it is possible to check and establish to which authorities SIS II data 
recorded in NS may be transmitted by data transmission equipment (control of transmission); 
(h) monitor the effectiveness of the security  measures referred to in this paragraph 
(self-auditing). 
 
EN 17   EN 2. Member States shall take measures equivale nt to those referred to in paragraph 1 as 
regards security and confidentiality in respect of the exchange and further processing of supplementary information.  
3. Professional secrecy or an equivalent oblig ation of confidentiality shall apply to all 
persons and to all bodies required to wo rk with SIS II data and supplementary 
information.  The obligation of confidentiality shall also  apply after those people leave office or 
employment or after the terminati on of the activitie s of those bodies. 
Article 11 
Keeping of logs at national level 
1. Each Member State shall keep logs of a ll exchanges of data with the SIS II and its 
further processing, for the purpose of monito ring the lawfulness of data processing, 
ensuring the proper functioning of the NS, data integrity and security.  
2. The logs shall show, in part icular, the date and time of th e data transmitted, the data 
used for interrogation, the data transmitte d and the name of both the competent 
authority and the person respons ible for processing the data. 
3. The logs shall be protected by appropri ate measures against unauthorised access and 
erased after a period of one year, if they are not require d for monitoring procedures 
which have already begun. 
4. The competent authorities of the Member States, in particular those in charge of the 
supervision of the processing of  data in the SIS II, shall have the right to access the 
logs for the purposes of mon itoring the lawfulness of data processing and to ensure 
the proper functioning of the system in cluding data integr ity and security. 
Each Member State shall transmit the findings  of such monitoring to the Commission 
without delay to enable them to be integrat ed, as appropriate, into the reports referred 
to in Article 34 (3). 
Chapter III 
Responsibilities of the Commission 
Article 12 
Operational management 
1. The Commission shall be responsible for th e operational management of the SIS II.  
 
EN 18   EN 2. The operational management shall consist of  all the tasks necessary to keep the SIS 
II functioning on a 24 hours a day, 7 days a week basis in accordance with this Regulation, in particular the maintena nce work and technical developments 
necessary for the smooth running of the system. 
Article 13 
Security and confidentiality 
With reference to the operation of the SIS II,  the Commission shall apply Article 10 mutatis 
mutandis. 
Article 14 
Keeping of logs at central level 
1. All processing operations within the SIS II shall be logged for the purposes of 
monitoring the lawfulness of data proce ssing and ensuring the proper functioning of 
the system, data inte grity and security. 
2. The logs shall show, in particular, th e date and time of th e operation, the data 
processed and the identification of the competent authority.  
3. The logs shall be protected by appropri ate measures against unauthorised access and 
erased after a period of one year following erasure of the alert to which they are related, if they are not re quired for monitoring procedures which have already begun. 
4. The competent national authorities, in particul ar those in charge of the supervision of 
processing data in the SIS II, shall have the right to access the logs only for the 
purposes of monitoring the lawfulness of da ta processing and to ensure the proper 
functioning of the system, including  data integrity and security. . 
 Such access shall be reserved to the logs relating to the proce ssing operations carried 
out by the Member State concerned. 
5. The Commission shall have the right to acc ess the logs only for the purposes of 
ensuring the proper functioning of the sy stem, data integrity and security. 
6. The European Data Protection Supervisor shall have the right to access the logs for 
the sole purpose of monitoring the lawful ness of the personal data processing 
operations performed by the Comm ission including data security. 
 
EN 19   EN Chapter IV 
Alerts issued in respect of thir d country nationals for the purpose 
of refusing entry 
Article 15 
Objectives and conditions for issuing alerts  
1. Member States shall issue alerts in respect  of third country nati onals for the purpose 
of refusing entry into the territory of the Member States on the basis of a decision 
defining the period of refusal of entry ta ken by the competent administrative or 
judicial authorities, in the following cases:  
(a) if the presence of the third country na tional in the territory of a Member State 
represents a serious threat  to public policy or public  security of any Member 
State based on an individual a ssessment, in particular if: 
(i) the third country national has b een sentenced to a penalty involving 
deprivation of liberty of at leas t one year following a conviction of 
offence referred to in Article 2 (2 ) of Council Framework Decision 
2002/584/JHA27on the European arrest warrant and the surrender 
procedures between Member States; 
(ii) the third country national is the ob ject of a restrictive measure intended 
to prevent entry into or  transit through th e territory of Member States, 
taken in accordance with Ar ticle 15 of the EU Treaty. 
(b) if the third country nationa l is the subject of a re-ent ry ban in application of a 
return decision or removal order ta ken in accordance with Directive 
2005/XX/EC[on Return]28. 
2. Member States shall issue the alerts refe rred to in paragraph 1 in accordance with 
Article 25 (2) of the Schengen Conventi on and without prejudi ce to any provision 
which may be more favourable for th e third country national laid down in: 
(a) Council Directive 2003/86/EC on th e right to family reunification29;  
(b) Council Directive 2003/109/EC  concerning the status of  third country nationals 
who are long-term residents30;  
                                                 
27 OJ L190, 18.7.2002, p.1. 
28 OJ XX 
29 OJ L 251, 3.10.2003, p. 12. 
30 OJ L 16, 23.1.2004, p. 44. 
 
EN 20   EN (c) Council Directive 2004/81/EC on the resi dence permit issued to third-country 
nationals who are victims of  trafficking in human beings or who have been the 
subject of an action to f acilitate illegal immigrati on, who cooperate with the 
competent authorities31; 
(d) Council Directive 2004/83/EC on minimu m standards for the qualification and 
status of third country nationals or stat eless persons as refugees or as persons 
who otherwise need international protec tion and the content of the protection 
granted32; 
(e) Council Directive 2004/114/EC on the condi tions of admission of third country 
nationals for the purpose of studies, pup il exchange, unremunerated training or 
voluntary service33; 
(f) Council Directive 2005/XX/EC on a sp ecific procedure for admitting third-
country nationals for purposes  of scientific research34.  
3. Where the decision to issue an alert is ta ken by an administrative authority, the third 
country national shall have the right to a review by or an appeal to a judicial 
authority. 
Article 16 
Categories of data 
1. No more than the following data shall be  contained in alerts on third country 
nationals for the purpose of refusing entry: 
(a) surname(s) and forename(s), name at birth and previously used names and any 
aliases, possibly en tered separately; 
(b) date and place of birth; (c) sex;  (d) photographs; 
(e) fingerprints; 
(f) nationality; (g) any specific objective and physical char acteristics not subject to frequent 
change ; 
(h) authority issuing the alert; 
                                                
 
31 OJ L 261, 6.8.2004, p. 19. 
32 OJ L 304, 30.9.2004, p. 12. 
33 OJ L 375, 23.12.2004, p. 12. 
34 OJ L XX 
 
EN 21   EN (i) a reference to the decision givi ng rise to the alert that must be: 
- a judicial or administrative decision based on a threat to public policy or 
internal security including, if releva nt, the decision of conviction or the 
restrictive measure taken in accordance with Article 15 of the EU Treaty 
or 
- a return decision and/or removal order accompanied by a re-entry ban; 
(j) link(s) to other alerts processed in the SIS II. 
2. The data referred to in paragraph 1 shall only be used to id entify a person for the 
purposes set out in this Regulation. 
3. The technical rules necessary for entering and accessing the data referred to in 
paragraph 1 shall be establ ished in accordance with th e procedure referred to in 
Article 35 (3).  
Article 17 
Authorities with right to access the alerts  
1. The following authorities shall have the right to access the alerts referred to in 
Article 15 (1) for the purpose of refusing entry: 
(a) authorities responsible for control of persons at the external borders of the 
Member States;  
(b) authorities responsible for issuing of visas  
2. In case of a hit, the information on authoris ations to enter required by Article 5 (2) of 
the Schengen Convention shall be provi ded by the exchange of supplementary 
information. The detailed rules for this exchange shall be adopted in accordance with the procedure referred to in Article 35 (3 ) of this Regulation and inserted in the 
SIRENE Manual.  
3. Access to the alerts shall be given to th e authorities responsible for the issuing of 
residence permits in order to decide on the granting of the residence permit in 
accordance with the procedure laid down in Article 25 (1) of the Schengen 
Convention.  
4. The consultation required by Article 25 of the Schengen Convention shall be carried 
out by means of the exchange of supplementary information. The detailed rules for this exchange shall be adopted in accordance with the procedure referred to in Article 
35 (3) of this Regulation and inserted in the SIRENE Manual.  
 
EN 22   EN Article 18 
Other authorities with right to access  
1. Access to the alerts issued in accordance w ith Article 15 (1) (b) sh all be given to the 
authorities responsible for the implem entation of Directive 2005/XX/EC for the 
purpose of identifying a third country nationa l staying illegally in the territory in 
order to enforce a return d ecision or removal order.  
2. Access to the alerts issued in accordance w ith Article 15 (1) (b) sh all be given to the 
authorities responsible for the implementation of Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum appli cation lodged in one of  the Member States 
by a third-country national
35, for the purpose of determining whether an asylum 
applicant has stayed illegally  in another Member State. 
3. Access to the alerts issued in accordance wi th Article 15 (1) (a) sh all be given to the 
authorities responsible for the implementation of Directive 2004/83/EC and Directive 2005/XX/EC
36 [on minimum standards on procedures  in Member States for granting 
and withdrawing refugee status] for the purpose of determining whether a third 
country national represents a threat to  public order or internal security. 
Article 19 
Access to alerts on identity documents 
The authorities referred to in Article 17 and 18 (1) shall have the right  to access alerts on 
identity documents referred to  in Article 35 (1) (d) and (e) of Decision 2006/XX in order to 
verify that the identity docum ent produced by the third country national has not been stolen, 
misappropriated, or lost. 
Article 20 
Conservation period of the alerts 
1. Alerts issued pursuant to Article 15 (1) shall not be kept longer than the period of 
refusal of entry laid down in the deci sion referred to in this provision.  
2. Alerts issued in respect of a person w ho has acquired citizenship of any Member 
State shall be erased as soon as the Memb er State which issued the alert becomes 
aware that the person has acquired such citizenship. 
3. Alerts issued in respect of third count ry nationals who become members of the 
family of a citizen of the Union or of other beneficiaries of Community law on the 
                                                 
35 OJ L 50, 25.02.03, p.1 
36 OJ XX 
 
EN 23   EN right to free movement shall be erased as  soon as the Member State which entered 
the alert becomes aware that the pe rson has acquired such new status. 
4. The alerts shall be reviewed in order to determine if they comply with the Directives 
listed in Article 15 (2) when these become a pplicable to the third country national in 
respect of whom the al ert has been issued.  
5. The alerts shall automatically be erased af ter five years from the date of the decision 
referred to in Article 15 (1). The Member States having entered the data in the SIS II may decide to keep the alerts in the sy stem if the conditions of Article 15 are 
fulfilled. 
6. Member States will be informed systematically one month before the automatic 
erasure of the alerts from the system. 
CHAPTER V 
General data processing rules 
Article 21 
Processing of SIS II data 
1. Data entered in the SIS II pu rsuant to this Regulation shal l only be processed for the 
purposes and by the competent national author ities defined by the Member States in 
accordance with this Regulation. 
2. Access to SIS II data shall only be authorised within the limits of the competence of 
the national authority and to  duly authorised staff. 
3. Each Member State shall maintain and transmit to the Commission an up-to-date list 
of national authorities who are authorised  to process SIS II data. That list shall 
specify, for each authority, which category of  data it may process, for what purpose 
and who is to be considered as cont roller, and shall be  communicated by the 
Commission to the European Data Prot ection Supervisor. The Commission shall 
ensure the annual publicat ion of the list in the Official Journal of the European 
Union . 
Article 22 
Entering a reference number 
A Member State accessing the SIS II without ma king use of a copy of data of the CS-SIS 
referred to in Article 4 (3) may add a reference number to the alerts it issues for the sole purpose of tracing national informati on linked to the issued alert. 
 
EN 24   EN Access to the reference number shall be restricted  to the Member State that issued the alert. 
Article 23 
Copy of SIS II data 
1. Except for the copy of data of the CS-SIS  referred to in Artic le 4 (3), the data 
processed in the SIS II may only be copied  for technical purposes and provided that 
such copying is necessary for the competent national authorities to access the data in 
accordance with this Regulation.  
2. Data entered into the SIS II by another Me mber State shall not be copied into a 
Member State’s own national data files. 
3. Paragraph 2 shall not prejudice the right of a Member State to keep in its national file 
SIS II data in connection with which action ha s been taken on its territory. Such data 
shall be kept in national file s for a maximum period of three years, except if specific 
provisions in national law provide  for a longer retention period. 
4. This article shall not prejudice the right of  a Member State to keep in its national 
files data contained in a particular alert, which that Member State has issued in the 
SIS II. 
Article 24 
Quality of the data processed in the SIS II and compatibility between alerts 
1. The Member State entering the data in th e SIS II shall be responsible for ensuring 
that that data is processed lawfully and, in  particular, that it is  accurate and up-to-
date.  
2. Only the Member State which entered the data in the SIS II shall modify, add to, 
correct or erase it. 
3. If a Member State, which did not enter the data, has evidence suggesting that data is 
incorrect or has been unlawfu lly processed in the SIS II, it shall inform the Member 
State which entered the data by exchanging supplementary information at the earliest 
opportunity and if possible not later then 10 days after the evidence comes to its attention. The Member State which entered th e data shall check it and, if necessary, 
modify, add to, correct or erase it. The detailed rules for this exchange of 
supplementary information shall be adopted in accordance with the procedure defined in Article 35 (3) and inse rted in the SIRENE Manual.  
4. If Member States are unable to reach agreement within two months about the 
correction of the data, any of them ma y submit the case to the European Data 
Protection Supervisor who shall act as mediator. 
 
EN 25   EN 5. The Member States shall exchange supplemen tary information in order to distinguish 
accurately between alerts in th e SIS II related to persons w ith similar characteristics. 
The detailed rules for this ex change of supplementary in formation shall be adopted 
in accordance with the procedure defined in Article 35 (3) and inserted in the 
SIRENE Manual.  
6. When a person is already the subject of an alert in the SIS II, the Member State 
issuing a new alert in respect  of the same person shall reach agreement on the entry 
of this new alert with the Member State wh ich issued the first alert. The agreement 
shall be reached on the basis of the exch ange of supplementary information. The 
detailed rules for this exchange of suppl ementary information shall be adopted in 
accordance with the procedure defined in Ar ticle 35 (3) and inserted in the SIRENE 
Manual.   Different alerts on the same person may be entered in the SIS II if they are 
compatible.   The rules governing the compatibility and priority of categories of alerts shall be determined in accordance with the procedure set out in Article 35 (3). 
7. Data kept in the SIS II sh all be reviewed at  least annually by the issuing Member 
State. Member States may provide  for a shorter review period. 
Article 25 
Additional data for the purpose of deali ng with misidentifications of persons 
1. Where confusion may arise between the pe rson actually intende d by an alert and a 
person whose identity has been misused, Member States shall add data related to the latter to the alert in order to avoid the ne gative consequences of misidentifications.  
2. The data related to an i ndividual whose identity has been misused shall only be 
added with that individual’s explicit cons ent and shall only be used for the following 
purposes:  
a) to allow the competent authority to di fferentiate the individual whose identity 
has been misused from the person actually intended by the alert; 
b) to allow the individual whose identity has been misused to prove his identity 
and to establish that his identity has been misused. 
3. No more than the following personal data  may be entered and further processed in 
the SIS II for the purpose  of this article: 
(a) surname(s) and forename(s), any aliases possibly entered separately; 
(b) date and place of birth; (c) sex; 
 
EN 26   EN (d) photographs; 
(e) fingerprints; (f) any specific objective and phys ical characteristic not subj ect to frequent change  
(g) nationality; (h) number(s) of identity paper(s) and date of issuing. 
4. The data referred to in paragraph 3 shal l be erased at the same time as the 
corresponding alert or earlier if the person so requests. 
5. Only the authorities having the right to  access the corresponding alert may access the 
data referred to in paragraph 3 and for the sole purpose of avoi ding misidentification. 
6. The technical rules referred to in Article 16 (3) shall apply to the data referred to in 
paragraph 3 of this article. 
Article 26 
Links between alerts 
1. A Member State may create a link between aler ts it issues in the SIS II in accordance 
with its national legislation. The effect of such a link shall be to establish a 
relationship between two or more alerts. 
2. The creation of a link shall not affect the specific action to be taken on the basis of 
each linked alert or the conservation pe riod of each of the linked alerts. 
3. The creation of a link shall not affect the rights to access provided for in this 
Regulation. Authorities with no right to acces s certain categories of alerts shall not 
have access to the links to those categories.  
4. When a Member State considers that th e creation of a link between alerts is 
incompatible with its national law or international obligations, it may take the necessary measures to ensure there can be  no access to the link from its national 
territory. 
5. The technical rules for linking alerts shall be adopted in accordance with Article 35 
(3). 
Article 27 
Purpose and conservation period of supplementary information  
1. Member States shall keep a copy of the deci sions referred to in Article 16 (1) (i) to 
support the exchange of supplementary information.  
 
EN 27   EN 2. The supplementary information transmitted by another Member State shall be used 
only for the purpose for which it was transmitt ed. It shall only be  kept in national 
files as long as the alert to which it relate s is kept in the SIS II. Member States may 
keep this information for a longer period if necessary to achieve the purpose for 
which it was transmitted. In any event, the supplementary information shall be erased at the latest one year after the relate d alert has been erased from the SIS II. 
3. Paragraph 2 shall not prejudice the right of  a Member State to keep in national files 
data relating to a particular alert in c onnection with which action has been taken on 
its territory. Such data may be held in national files for a maximum period of three years, except if specific provisions of nationa l law authorise retention of the data for 
a longer period. 
CHAPTER VI 
Data protection 
Article 28 
Right of information  
An individual whose data is to be processed in the SIS II for the purpose of refusing entry 
shall be informed of: 
(a) the identity of the controller and his representative, if any; 
(b) the purposes for which the data wi ll be processed within the SIS II; 
(c) the potential recipients of the data; (d) the reason for issuing the alert in the SIS II; (e) the existence of the right of access a nd the right to rectify his personal data. 
Article 29 
Right of access, rectification and erasure  
1. The right of individuals to have access to, and to obtain th e rectification or erasure of 
their personal data processed in the SIS II shall be exercised in accordance with the 
law of the Member State before which that right is invoked. 
2. If the Member State before which the right of access is invoked did not enter the 
data, it shall communicate the data to the i ndividual concerned after having given the 
 
EN 28   EN Member State which entered the data an oppor tunity to state its position. This shall 
be done through an exchange of supplementary information. The detailed rules for this exchange of supplementary informati on shall be adopted in accordance with the 
procedure defined in Article 35 (3) and inserted in SIRENE Manual.  
3. The personal data shall be communicated to the individual c oncerned as soon as 
possible and in any event not later than 60 da ys from the date on which he applies for 
access. 
4. The individual shall be informed about th e follow-up given to the exercise of his 
rights of rectification and eras ure as soon as possible and in  any event not later than 6 
months from the date on which he a pplies for rectification or erasure. 
Article 30 
Remedies  
Any person in the territory of any Member State shall have the right to bring an action or a 
complaint before the courts of that Member Stat e if he is refused the right of access to or the 
right to rectify or erase data re lating to him or the right to obt ain information or reparation in 
connection with the processi ng of his personal data cont rary to this Regulation. 
Article 31 
Data protection authorities 
1. Each Member State shall require that the authorities designated pursuant to Article 
28(1) of Directive 95/46/ EC to monitor independently the lawfulness of the 
processing of SIS II personal data on its te rritory, including the exchange and further 
processing of supplementary information  
2. The European Data Protection Supervisor shall monitor that the personal data 
processing activities of the Commission ar e carried out in accordance with this 
Regulation.  
3. The national supervisory au thorities and the European Data Protection Supervisor 
shall cooperate actively with each other. The European Data Protection Supervisor 
shall convene a meeting for that  purpose at least once a year. 
 
EN 29   EN CHAPTER VII 
Liability and sanctions 
Article 32 
Liability 
1. Each Member State shall be liable for any damage caused to an individual arising 
from unauthorised or incorrect processing of data, communicated via the SIS II or 
SIRENE authorities, carried out by that Member State. 
2. If the Member State against which an ac tion is brought pursuant to paragraph 1, is 
not the Member State which entered the data in the SIS II, the latter shall reimburse, 
on request, the sums paid out as compensation unless the data was used by the requested Member State in breach of this Regulation. 
3. If failure of a Member State to comply  with its obligations  under this Regulation 
causes damage to the SIS II, that Member State shall be held liable for such damage, unless and insofar as the Commission or othe r Member State(s) participating in the 
SIS II failed to take reasonable steps to prevent the damage from occurring or to 
minimise its impact. 
Article 33 
Sanctions 
Member States shall ensure that processing of SIS II data or supplementary information 
contrary to this Regulation is subject to eff ective, proportionate and dissuasive sanctions in 
accordance with national law.  
 
EN 30   EN CHAPTER VIII 
Final Provisions 
Article 34 
Monitoring, evaluation and statistics 
1. The Commission shall ensure that systems are in place to monito r the functioning of 
the SIS II against objectives, in terms of output, cost-effectiveness and quality of service. 
2. For the purposes of technical maintenan ce, reporting and statistics, the Commission 
shall have access to the necessary informa tion related to the pr ocessing operations 
performed in the SIS II. 
3. Two years after the SIS II starts operati ons and every two years thereafter, the 
Commission shall submit to the European Pa rliament and the C ouncil a report on the 
activities of the SIS II and on the bilateral and multilateral exchange of supplementary information between Member States.  
4. Four years after the SIS II starts operations and every four years thereafter, the 
Commission shall produce an overall evaluati on of the SIS II and the bilateral and 
multilateral exchange of supplementary in formation between Member States. This 
overall evaluation shall include the ex amination of results achieved against 
objectives and assess the c ontinuing validity of the unde rlying rationale and any 
implications of future operations. The Commission shall transmit the reports on the evaluation to the European Parliament and the Council. 
5. Member States shall provide the Commission with the information necessary to draft 
the reports referred to in paragraphs 3 and 4. 
Article 35 
Committee 
1. The Commission shall be assisted by a Committee. 
2. Where reference is made to this paragr aph, the advisory procedure laid down in 
Article 3 of Decision 1999/468/EC shall a pply, in compliance with Article 7 (3) 
thereof. 
3. Where reference is made to this paragr aph, the regulatory procedure laid down in 
Article 5 of Decision 1999/468/EC shall appl y, in compliance with Article 7(3) 
thereof.   
 
EN 31   EN The period provided for in Article 5(6) of Decision 1999/468/EC shall be three 
months. 
4. The Committee shall adopt its Rules of Procedure. 
Article 36 
Amendment of the Schengen Convention  
1. For the purposes of matters falling within the scope of the EC Treaty, this Regulation 
replaces Articles 92 to 119 of the Sche ngen Convention, with the exception of 
Article 102 (a) thereof.  
2. It also replaces the following provisions  of the Schengen acquis implementing those 
articles37:  
a) Decision of the Executive Committee of 14 December 1993 on the Financial 
Regulation on the costs of installing and operating the Schengen information 
system (C.SIS) (SCH/Com-ex (93) 16); 
b) Decision of the Executiv e Committee of 7 October 1997 on contributions from 
Norway and Iceland to the costs of installing and operating of the C.SIS 
(SCH/Com-ex (97) 18); 
c) Decision of the Executive Committee of 7 October 1997 on the development of 
the SIS (SCH/Com-ex (97) 24); 
d) Decision of the Executive Committee of 15 December 1997 amending the 
Financial Regulation on C.SI S (SCH/Com-ex (97) 35);  
e) Decision of the Executive Committee of 21 April 1998 on C.SIS with 15/18 
connections (SCH/Com-ex (98) 11);  
f) Decision of the Executive Committee of 28 April 1999 on C. SIS installation 
expenditure (SCH/Com-ex (99) 4);  
g) Decision of the Executive Committee of  28 April 1999 on updating the Sirene 
manual (SCH/Com-ex (99) 5);  
h) Declaration of the Executive Committ ee of 18 April 1996 defining the concept 
of alien (SCH/Com-ex (96) decl. 5);  
i) Declaration of the Executive Comm ittee of 28 April 1999 on the structure of 
SIS (SCH/Com-ex (99) decl. 2 rev.).  
3. For the purposes of matters falling within the scope of the EC Treaty, references to 
the replaced articles of the Schengen C onvention and relevant provisions of the 
Schengen acquis implementing those articles shal l be construed as re ferences to this 
                                                 
37 OJ L 239 22.9.2000, p. 439. 
 
EN 32   EN Regulation and shall be read in accordance with the correlation table set out in the 
Annex.  
Article 37 
Repeal 
Regulation (EC) No 378/2004 is repealed. 
Article 38  
Transitional period and budget  
1. Articles 94, 96 and 101 (1) and (2) of th e Schengen Convention shall continue to 
apply to alerts issued in the SIS and transferred to the SIS II or to alerts issued directly in the SIS II before the date set in accordance with Article 39 (3) of this Regulation until one year after that date.   One year after the date set in accordance w ith Article 39 (3), t hose alerts shall be 
automatically erased from the SIS II unless Member States have re issued those alerts 
in accordance with this Regulation.  
2. The remainder of the budget at  the date set in accordance with Article 39 (2), which 
has been approved in accordance with Artic le 119 of the Schengen Convention, shall 
be paid back to the Member States. The amounts to be repaid shall be calculated on the basis of the contributions from the Memb er States as laid dow n in the Decision of 
the Executive Committee of 14 December 1993 on the financial regulation on the 
costs of installing and operating the Schengen Information System. 
Article 39 
Entry into force and applicability 
1. This Regulation shall enter into force on the twentieth day following that of its 
publication in the Official Journal of the European Union .  
 
It shall apply from a date to be determ ined by the Commission in accordance with 
paragraphs 2 and 3. 
2. The date from which Articles 1 to 14 and 21 to 38 with the exception of Articles 22, 
25 and 26 are to apply sha ll be determined after: 
(a) the necessary implementing measures have been adopted; (b) the Commission has made the necessary  technical arrangements for allowing 
the SIS II to be connected to the Member States and 
 
EN 33   EN (c) all Member States have notified th e Commission that they have made the 
necessary technical and legal arrangements  to process SIS II data and exchange 
supplementary information in accordan ce with the aforementioned articles. 
The Commission shall publish the date in the Official Journal of the European 
Union . 
3. The date from which Articles 15 to 20 and Articles 22, 25 and 26 are to apply shall 
be determined after:  
(a) the necessary implementing measures have been adopted and (b) all Member States have notified th e Commission that they have made the 
necessary technical and legal arrangements  to process SIS II data and exchange 
supplementary information in accordan ce with the aforementioned articles. 
The Commission shall publish the date in the Official Journal of the European 
Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States in 
accordance with the Treaty establishing the European Community. 
Done at Brussels,  
For the European Parliament For the Council 
The President The President   
 
EN 34   EN ANNEX  
Correlation table  
Schengen Convention38 
Articles Regulation Articles  
Art. 92(1) Art. 1(1); Art. 2(1); Art. 
4(1)(2)(3) 
Art. 92(2) Art. 4(1)(2)(3);  
Art. 5(2)(3); Art.6; Art.9 
Art. 92(3) Art. 4(1)(2)(3), Art. 5(1), 
Art. 12 
Art. 92(4) Art.3 (1); Art. 7(2)(3); Art.8 
Art. 93 Art.1(2) 
Art. 94(1) Art. 21(1) 
Art. 94(2) Art.15(1) 
Art. 94(3) Art. 16(1); Art. 25(3) 
Art. 94(4)  
Art. 95(1)  
Art. 95(2)  
Art. 95(3)  
Art. 95(4)  
Art. 95(5)  
Art. 95(6)  
Art. 96(1) Art. 15(1) 
Art. 96(2) Art. 15(1) 
Art. 96(3) Art. 15(1) 
                                                 
38 Articles and paragraphs in italics have been added or amended by Council Regulation (EC) No. 
871/2004 and Council Decision 2005/211/JHA on the introduction of new functions for the Schengen 
Information System, including the fight against terrorism. 
 
EN 35   EN Schengen Convention38 
Articles Regulation Articles  
Art. 97  
Art. 98(1)  
Art. 98(2)  
Art. 99(1)  
Art. 99(2)  
Art. 99(3 )  
Art. 99(4)  
Art. 99(5)   
Art. 99(6)  
Art. 100(1)  
Art. 100(2)  
Art. 100(3)  
Art. 101(1) Art. 17(1) 
Art. 101(2) Art. 17(1)(3); Art. 18; 
Art.19 
Art. 101(3) Art. 21(2) 
Art. 101(4) Art. 21(3) 
Art. 101A(1)  
Art. 101A(2)  
Art. 101A(3)  
Art. 101A(4)   
Art. 101A(5)  
Art. 101A(6)  
Art. 101B(1)   
Art. 101B(2)   
 
EN 36   EN Schengen Convention38 
Articles Regulation Articles  
Art. 101B(3)  
Art. 101B(4)   
Art. 101B(5)   
Art. 101B(6)   
Art. 101B(7)   
Art. 101B(8)   
Art. 102(1) Art. 21(1) 
Art. 102(2) Art. 23(1)(2) 
Art. 102(3)  
Art. 102(4)  Art.17(1)(3); Art.18; Art.19 
Art. 102(5) Art. 32(1) 
Art. 103  Art. 11 
Art. 104(1)  
Art. 104(2)  
Art. 104(3)  
Art. 105 Art. 24(1) 
Art. 106(1) Art. 24(2) 
Art. 106(2) Art. 24(3) 
Art. 106(3) Art. 24(4) 
Art. 107 Art. 24(6) 
Art. 108(1) Art. 7(1) 
Art. 108(2)  
Art. 108(3) Art. 6; Art. 7(1); 
Art. 9(1) 
Art. 108(4) Art. 7(3) 
 
EN 37   EN Schengen Convention38 
Articles Regulation Articles  
Art. 109(1) Art. 28; Art. 29(1)(2)(3) 
Art. 109(2)  
Art. 110 Art. 29(1)(4); Art.31(1) 
Art. 111(1) Art. 30 
Art. 111(2)  
Art. 112(1) Art. 20(1)(2)(3)(4)(5); Art. 
24(7) 
Art. 112(2) Art. 24(7) 
Art. 112(3) Art. 20(6) 
Art. 112(4) Art.20(5) 
Art. 112A(1) Art. 27(2) 
Art. 112A(2) Art. 27(3) 
Art. 113(1)  
Art. 113(2) Art. 14(3)(4)(5)(6) 
Art. 113A(1) Art. 27(2) 
Art. 113A(2) Art. 27(3) 
Art. 114(1) Art. 31(1) 
Art. 114(2) Art. 31  
Art. 115(1) Art. 31(2) 
Art. 115(2)  
Art. 115(3)  
Art. 115(4)  
Art. 116(1) Art. 32(1) 
Art. 116(2) Art. 32(2) 
Art. 117(1)  
 
EN 38   EN Schengen Convention38 
Articles Regulation Articles  
Art. 117(2)  
Art. 118(1) Art. 10(1) 
Art. 118(2) Art. 10(1) 
Art. 118(3) Art. 10(3) 
Art. 118(4) Art. 13 
Art. 119(1) Art. 5(1); Art.38(2) 
Art. 119(2) Art. 5(2)(3) 
 
 
EN 39   EN FINANCIAL STATEMENT  
Policy area(s): JLS 
Activit(y/ies): Strategy, policy and coordination. 
 
TITLE OF ACTION : FUNCTIONING OF THE SIS  II 
1. BUDGET  LINE(S)  + HEADING(S) 
18 08 02 Schengen Information System, second generation (SIS II) 
2. OVERALL  FIGURES 
2.1 Total allocation for action (Part B):  
132 Million € for commitments until 2013 
2.2 Period of application: 
• From 2007 to 2013 (for this statement) 
• Undetermined duration, after 2013. 
2.3 Overall multi-annual estimate of expenditure: 
a) Schedule of commitment appropriatio ns/payment appropriations (financial 
intervention)  (cfr. point 6.1.1) 
 € Million  (to 3 decimal places) 
 
 2007 2008 2009 2010 2011 2012 and 
subseque
nt years Total 
Commitments 11,000 13,000 21,000 33,000 18,000 36,000 132,000 
Payments 5,500 12,000 17,000 27,000 25,500 45,000 132,000 
It is estimated that fifty percent of the payments will be made in the year of 
commitment, the rest the following year. 
b) Technical and Administrative a ssistance and support expenditure (cf. point 6.1.2)  
CE 0,000 0,000 0,000 0,000 0,000 0,000 0,000 
CP 0,000 0,000 0,000 0,000 0,000 0,000 0,000 
 
Sub-total a+b        
CE 11,000 13,000 21,000 33,000 18,000 36,000 132,000 
CP 5,500 12,000 17,000 27,000 25,500 45,000 132,000 
 
 
EN 40   EN c) Overall financial impact of human resour ce and other administrative expenditure  
(cf. points 7.2 and 7.3) 
 
 2007 2008 2009 2010 2011 2012 and 
subseque
nt years Total 
CE/CP 3,401 3,401 3,401 3,401 3,401 6,802 23,807 
 
TOTAL a+b+c        
CE 14,401 16,401 24,401 36,401 21,401 42,802 155,807 
CP 8,901 15,401 20,401 30,401 28,901 51,802 155,807 
2.4 Compatibility with financial progr amming and financial perspectives 
 Proposal is compatible with existing financial programming. 
The amounts indicated for the period 2007-2013 are subject to the adoption of the 
new financial perspectives. 
2.5 Financial impact on revenue 
; Proposal has financial impact – th e effect on revenue is as follows: 
The present proposal builds upon the Schengen acquis, as defined in Annex A of the 
Agreement signed on 18 May 1999 between the Council and the Republic of Iceland and the Kingdom of Norway concerning the asso ciation of both these States with the 
implementation, application and development of the Schengen acquis
39. Article 12(1) 
last paragraph lays down: “In cases where operational costs are attributed to the 
general budget of the European Community, I celand and Norway shall share in these 
costs by contributing to the said budget an annual sum in accordance with the 
percentage of the gross nati onal product of their countries in relation with the gross 
national product of all participating States”40. 
                                                 
39 OJ L 176, 10.7.1999, p. 36. 
40 Switzerland as a country to be a ssociated with the implementation, application and development of the 
Schengen acquis  will also contribute to the EU Budget. 
 
EN 41   EN Contribution from Iceland/No rway: 2.128% (2002 figures) 
€ Million (to one decimal place)  
  Situation following action  
Budget line   Revenue  Prior to
action 
 2007 2008 2009 2010  2011  2012 and 
subsequent 
years  
a) Revenue in absolute terms   0,2 0,3 0,4 0,7 0,4 0,8  
b) Change in revenue   ∆       
3. BUDGET  CHARACTERISTICS 
Type of expenditure New EFTA 
contribution Contributions 
form 
applicant 
countries Heading in 
financial 
perspective 
Non 
compuls. Diff NO NO 
 NO 
 N° 3 
 
4. LEGAL  BASIS   
This statement accompanies two legislative proposals: 
- a Regulation of the European Parliament and the Council on the establishment, operation 
and use of the Second Generati on Schengen Information System (SIS II) based on Articles 62 
(2) (a) and 66 of the EC Treaty and; 
- a Council Decision on the establishment, operation and use of the Second Generation  
Schengen Information System (SIS II) based on Ar ticles 30 (1) (a) and (b), Article 31 (1) (a) 
and (b) and Article 34 (2 ) (c) of the EU Treaty. 
5. DESCRIPTION  AND  GROUNDS 
5.1 Need for Community intervention  
5.1.1 Objectives pursued The SIS II will be a common information system  allowing the competent authorities in the 
Member States to cooperate, by exchanging in formation for the implementation of various 
policies required, in order to establish an area  without internal fron tiers. It will replace the 
current SIS, which does not have the capacity to service more than 18 participating States. It 
is at present operational for 13 Member States  and 2 other States (Iceland and Norway).  
 
EN 42   EN The Council therefore adopted a Regula tion (EC) No 2424/2001 and Decision No 
2001/886/JHA of 6 December 200141 on the development of the SIS II and entrusted this task 
to the Commission. These instruments also a llowed the expenditure involved in the 
development phase (2002-2006) of the SIS II to be charged to the budget of the European 
Union. The present proposal aims to ensure th e continuity of this Community support during 
the operational phase and provide findings for the development of new functionalities.  
The target date for the SIS II to be operationa l, as required by the Council, is set for the 
beginning of 2007. The Commission will need adequa te facilities and sufficient resources to 
manage the SIS II for the start of operations.  
The estimates indicated in the Communicat ion on the development of the Schengen 
Information System II and possible synergies with a future Visa Information System (VIS) of December 2003 
42 covered the development  of the system for the period 2004-2006, whilst 
the present financial statement  covers the expenditure necessary for operating the SIS II. 
The objective is to ensure daily maintenance of the IT system by acquiring the necessary 
resources to verify the system’s activity, carry  out maintenance interventions, and react in 
case of difficulties appearing during the operational management procedures. SIS II 
management needs resources both  technical (IT infrastructure  and networks, technical and 
office space) and human (people in charge of ad ministrative and technical management of the 
IT system). 
The objective is also to manage future evolutio ns of the system, including the integration of 
new functionalities such as the developm ent of a biometrics search engine.  
5.1.2 Measures taken in connect ion with ex ante evaluation 
A feasibility study on the SIS II was carried out between September 2002 and July 2003.  
The results of this feasibility study were e ndorsed by the Council in June 2003 and presented 
by the Commission in the aforemen tioned Communication on the SIS II. 
The chosen architecture (a central database  and national interfaces which store no data) 
requires a high availability and robustness, to be achieved thr ough specific measures, such as 
doubled hardware and software, as well as data re plication. The high availa bility of the SIS II, 
including the possibility for Member States to query the central SIS II database, allows those Member States, which are ready to do so, to discard their copy of data c ontained in the CS-
SIS database. The added value of such a featur e is that the annual costs for the management 
and maintenance of the national database will be reduced for those Member States concerned. 
Apart from the feasibility st udy, the Commission examined the level of financial and human 
resources which the French Ministry of the Inte rior devotes to the operational management of 
the current SIS to which the Member States di rectly contribute, in accordance with Article 
119 of the Schengen Convention
43. The budget of the European Union must cover some 
additional items such as premises and infrastruc ture for hosting the systems, the cost covered 
                                                 
41 OJ L 328, 13.12.2001, p. 1. 
42 COM (2003) 711 
43 In particular the Management report for 2003 on C.SIS installation and operation Council Doc. No 
10613 SIRIS 73/COMIX 402, 07.07.2004 
 
EN 43   EN at this moment by France, and which do not im pact on the total amount of the operating costs 
of the current SIS. 
5.1.3 Measures taken follow ing ex post evaluation 
Not applicable 
5.2 Action envisaged and budget intervention arrangements 
The planned financial resources must cover th e expenses for the hosting of the information 
system and for the necessary resources for its daily management and of its possible technical 
evolution. This is in line with the Council conclusions of 29 April 2004, which foresee two 
sites for the development of the SIS II. The financial resources must also cover the expenses 
related to the network which will link th e Member States to the central domain. 
SIS II Management (see specific line in section 6.1.1 table):  
The estimates of the expenses to be borne by the budget of the European Union for the SIS II 
management include:  
• Costs related to the office spac e occupied by people and computers (server rooms, offices, 
meeting rooms); these costs represent a sign ificant part of the SIS II management budget 
for 2007 and increase slowly consistent with usual rates (maximum 4% yearly grow).  
• Hardware costs: 
• For 2007, a provision has been made for a sp ecific investment intended to acquire 
network devices enabling 29 users (Member States and potential European bodies) to be directly connect ed to the European network.  This represents 52% of 
the SIS II management budget for 2007. For 2008, the envisaged provision covers only the linking-up of future new Members States (1 to 2 addi tional MS as from 
2008) and so will not be very significant (only 4% in 2008). This provision covers the acquiring of the equipment. As far as  the rental expenses are concerned, see 
the section related to “ Network: direct access point rental ” hereunder. As from 
2010, the envisaged provisions cover the partial upgrade and renewal of the 
system in order to adapt the system’s capacity to the demand (new requests for 
access to the central system) while allo wing its progressive replacement. These 
costs represent 47% of the 2010 SIS II management budget. 
• The future maintenance contract for the IT  system will start in 2010. In the first 3 
years, the system will remain under the terms of the guarantee, therefore, no 
budget is planned for the period 2007-2009. As from 2010, the system maintenance will be covered by a specific contract, the budget is estimated at a maximum of 35% of the SIS II mana gement budget for 2010. This amount is 
based on the value of the offer that was selected for the implementation of SIS II. 
• Stationery, furniture and various work equipm ent, documentation, costs related to public 
relations and training activities : These costs represent 15.5 % of the SIS II management 
budget for 2007. 
 
EN 44   EN Network: direct access point rental (see specific line in section 6.1.1 table):  
The estimates of the expenses borne by the bu dget of the European Un ion also include the 
costs for the rental of devices allowing Memb er States to connect their National system 
directly to the European network. At this stage, the contract for the future network 
infrastructure is not yet signed and, therefore, the estimates are based on the current contract 
for TESTA II. 
The 2007 financial figures cover the estimated re ntal cost for 29 direct s-TESTA lines, the 
link between the two sites and their relevant eq uipment. These costs are re-evaluated every 
year in order to cover 36 direct access points by 2013. 
The communications infrastructure (lease of access points, lines, etc...) represents an 
important expenditure. This is due to the very high sensitivity and necessary high availability of the SIS II. The users have thus request ed a dedicated line from the common domain 
(TESTA) to their national SIS II access point s, significantly increasing the communication 
costs. This same communication infrastructure will be used for the bilateral or multilateral 
transmission of supplementary informa tion between the SIRENE authorities. 
However, the provisional costs of  the network are comparable to  the prices available in the 
current SIS. The global amount (6 Mio) might appear higher than that of the SISNET, but this 
is mainly due to the doubling of the number of access points. From 15 access points in the first generation Schengen Information System, the SIS II will provide for 29 access points. 
External support for the assistance of the ma intenance of IT mana gement systems (see 
specific line in section 6.1.1 table):  
The estimates of the expenses borne by the bu dget of the European Un ion also foresee the 
costs for consultancy and technical assistance. The figure given will cover: 
• consultancy on specific topics th at require particular attenti on through feasibility studies or 
ad-hoc expertise,  
• IT technical assistance in various fields such as new technology, biometrics, system & 
network management. 
Development and operation of a search engine based on a biometric identifier (see specific 
line in section 6.1.1 table):   
Contrary to the current SIS, th e new system should be flexible  enough to cope with changing 
requirements. The Council Conclusions of 14  June 2004 on the SIS II mentioned the possible 
implementation of a central biometric search engine, for the purpose of identification of 
persons and this will represent a significant improvement for the system and a separate 
expenditure heading has, therefore, been included in the financial statement. The development 
of such a biometric search engine will requ ire a new public procurem ent procedure and, given 
the currently very dynamic biometric market, th e estimates regarding costs can only be very 
approximate. In any case, the implementation will be very progressive, since the Member 
States will need a considerable time for rollin g out within the countr y and, at the external 
borders, the necessary infrastructu re for entering and searching bi ometric data in the SIS II.  
 
EN 45   EN The price estimates in this financial statement are based on a gradual increase of capacity, 
with annual investments of the capacity needed for the next year, and taking into account the 
constant drop in prices. The figures presented hereunder are ba sed on the available estimates, 
in particular the number of searches on wanted  persons. It is envisaged that a gradual 
introduction of biometric searches will result in  up to 30% of the total searches in 3 years’ 
time being carried out on the basis of biometri c data. This number of total searches is 
estimated to grow from 65 Mio to 95 Mio over the period 2008-2010, provided that Members 
States progressively increase their use of the central system.  
External human resources (see spec ific line in section 6.1.1 table):  
The total of 21 security agents must be seen in terms of up to 7 persons on site, 24 hours a 
day, 7 days a week (3 teams of seven). The same reasoning applies for the 21 data input operators. Currently, 3 teams of 7 data input operators are avai lable on the C.SIS site, 24 
hours a day, 7 days a week.  
5.3 Methods of implementation 
The system shall be maintained by the Comm ission, which shall be responsible for operating 
the Central database and the communication infr astructure between the Central database and 
the National Interfaces. External evaluation and consultancy will have to be provided by contractors who will also assist the Commission in carrying out specific studies where necessary. 
The Commission will be assisted by the Co mmittees laid down in the Regulation and 
Decision on the establishment, operation and use of the SIS II and that will replace the 
Committees established by Regulation (EC) No 2424/2001 and Decision  (EC) No 886/2001 
on the development of the SIS II.  
In the context of the new financial perspectives , the scope for entrusting tasks related to the 
management of large-scale IT systems (EURO DAC, SIS II, VIS) to the external borders 
agency will be explored at a later stage. 
6. FINANCIAL
 IMPACT 
6.1. Total financial impact on Part B - (over the entire prog ramming period). 
For certain items, the table below provides esti mates prepared on the ba sis of a projection of 
the costs related to the operation of the curren t system. For the post-2007 years, an inflation 
rate was applied when necessa ry. For every part the amounts are rounded to the unit above. 
 
EN 46   EN 6.1.1 Financial Participation 
Commitments in € million (to three decimal places) 
Break down 2007 2008 2009 2010 2011 2012  2013 Total 
SIS II Management44 2,000 1,000 1,000 5,000 5,000 5,000 5,000 24,000 
Premises: upkeep and operating costs (2 s ites) 0,591 0,614 0,639 0,664 0,691 0,719 0,747  
Hardware: Updating of computer equipment 
and consumables 0,976 0,068 0,103 2,071 2,073 2,075 2,076  
Hardware: System maintenance 0 0 0 1,500 1,500 1,500 1,500  
Stationary, furniture and work equipment 0,230 0,170 0,176 0,183 0,192 0,198 0,208  
Network : direct access point rental  6,000 6,000 7,000 7,000 7,000 7,000 7,000 47,000 
External support for the assistance of 
the maintenance of IT management 
systems 1,000 1,000 1,000 1,000 1,000 1,000 1,000 7,000 
Development and operation of a 
search engine base d on a biometric 
identifier  0,000 3,000 10,000 18,000 3,000 3,000 3,000 40,000 
External human resources (21 
security agents, 21 data input 
operators)  2,000 2,000 2,000 2,000 2,000 2,000 2,000 14,000  
TOTAL 11,000 13,000  21,000 33,000  18,000  18,000  18,000  132,000 
 
6.1.2 Technical and Administrative assistance , support expenditure and IT expenditure 
(commitment appropriations)  
N/A 
6.2. Calculation of costs by measure en visaged in part B (over the entire 
programming period) 
N/A 
                                                 
44 Computer maintenance on 2 sites, upkeep and operating costs of premises (offices, meeting room and 
computer room), furniture, equipment and supplies, documentation, public relations, training. 
 
EN 47   EN 7. IMPACT  ON  STAFF  AND  ADMINISTRATIVE  EXPENDITURE 
7.1. Impact on human resources 
The needs for human and administrative resour ces shall be covered within the allocation 
granted to the managing servic e in the framework of the a nnual allocation procedure.  
Staff to be assigned to management of the 
action using existing resources Description of tasks deriving from the 
action 
Types of post 
Number of 
permanent posts Number of 
temporary posts Total 
 
Officials or 
temporary staff A 
 B  C 8 
 
14 
 
1  8 
 
14 
 
1 2 managers, 1 intermediate manager , 2 
operating managers, 3 desk officers 
8 operating engineers, 3 test engineers, 
1 assistant and 2 secretaries  
1 support 
Other human resources     
Total 23  23  
 
7.2 Overall financial impact of human resources 
Type of human 
resources Amount 
K € Method of calculation * (K€)  
Officials  
Temporary staff   
2484   2007 
  Personnel for operational tasks 1836 
  1 Manager (1 current) [A] 108 
  1 Intermediate manager between ma nager and staff (1 current) [A] 108 
  2 Operating managers (2 current) [A] 216 
  8 Operating engineers (6 current + 2 new) [B] 864 
  3 Test engineers (3 current) [B] 324 
  2 Secretaries (2 current) [B] 216 
     
  Personnel for strategic management tasks 648 
  1 Manager (A) 108 
  1 Assistant (B) 108 
  3 Desk officers (A) 324 
  1 Support (C) 108 
     
  TOTAL 2484 
Other human 
resources 
(please indicate the 
budget line)   
   
Total  2484   
The amounts are total expend iture for twelve months. 
 
EN 48   EN 7.3 Other administrative expenditu re deriving from the action 
Budget line 
(number and heading) Amount € Method of calculation  
Overall allocation (Title A7) 
18 01 02 11 01 – Missions 
18 01 02 11 – Meetings 
18 01 02 11 – Compulsory committees  18 01 02 11 – Non-compulsory committees  
18 01 02 11 – Conferences 
18 01 02 11 04 – Studies and consultations  Other expenditure (specify)  
66.000 
300.000 
15.000 
 
36.000 
500.000  
30*1.000+12*3.000 
10 * 30.000 
2*7500 
 
1*36.000 
500.000 
  
 
 
Steering Committee 
Information systems (A-5001/A-4300)     
Other expenditure - Part A (specify)    
Total 917.000   
The amounts are total expend iture for twelve months. 
 
I. Annual total (7.2 + 7.3) 
II. Duration of action III. Total cost of action (I x II) 3.401.000 €
7 years
23.807.000 €
8. FOLLOW-UP  AND  EVALUATION 
8.1 Follow-up arrangements 
Regarding the performance of the system, the Commission will ensure that systems are in 
place to monitor the functioning of the SIS II ag ainst objectives, in terms of output, cost-
effectiveness and quality of se rvice. For this purpose, the Commission will produce statistics 
on the use of the SIS II. 
The Commission will also systematically i nvolve the users via the SIS II Committee or 
specific working groups for assessing the perfor mance of the system and taking appropriate 
action in cooperation with selected contractors.  
8.2 Arrangements and schedule for the planned evaluation 
Two years after the SIS II starts operations a nd every two years ther eafter, the European 
Commission will submit a report to the European  Parliament and the Council on the technical 
functioning of the SIS II and on the bilateral and mu ltilateral exchange of supplementary 
information between Member States.  
Four years after the SIS II starts operations a nd every four years thereafter, the Commission 
will produce an overall evaluation of the SIS II a nd the bilateral and mu ltilateral exchange of 
supplementary information between Member Stat es. This overall evaluation shall include the 
examination of results achieved against objectiv es and assess the cont inuing validity of the 
underlying rationale and any implications of  future operations. The Commission shall 
transmit the reports on the evaluations to the European Parliame nt and the Council. 
 
EN 49   EN 9. ANTI-FRAUD  MEASURES 
The Commission procedures for the award of c ontracts will be applied, ensuring compliance 
with Community law on public contracts.