Proposal for a Council Regulation amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II)
Date: 2006-07-12
Institutions: European Commission
Subjects: European Commission, Schengen Agreement, Schengen Information System, competence of the institution

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.7.2006 
COM(2006) 383 final 

2006/0125 (CNS) 
2006/0126 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2424/2001 on the development of the second generation 
Schengen Information System (SIS II) 

Proposal for a 

COUNCIL DECISION 

amending Decision 2001/886/JHA on the development of the second generation 
Schengen information System (SIS II) 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

The Council entrusted the Commission with the development of the second generation 
Schengen Information System (SIS II) by Regulation EC No 2424/2001 and Decision 
2001/886/JHA.  The  objective  of  these  proposals  is  to  amend  the  aforementioned 
Regulation and Decision in order to extend the deadline for the development of the SIS 
II  until  31  December  2007  and  allow  for  the  allocation  of  the  necessary  budget.  In 
addition, it establishes the location of the system during its development in France and 
Austria.  

120 

•  General context 

The Schengen Information System (SIS), set up pursuant to the provisions of Title IV 
of the Convention of 1990 implementing the Schengen Agreement of 14 June 1985 on 
the gradual abolition of checks at common borders constitutes an essential tool for the 
application of the provisions of the Schengen acquis as integrated into the framework 
of the European Union. The current SIS has not been constructed so as to service the 
increased number of Member States of the European Union after its enlargement and to 
other countries that will be connected to SIS II. In addition, in order to benefit from the 
latest  developments  in  the  field  of  information  technology  and  to  allow  for  the 
introduction  of  new  functions,  it  was  decided  in  2001  to  develop  a  new  second 
generation Schengen Information System (SIS II). 

Several factors explain the need to extend by one year the initial mandate given by the 
Council  to  the  Commission,  such  as,  a  temporary  suspension  of  works  following  an 
injunction ordered by the Court of First Instance (T-447/04), which was subsequently 
removed,  on  the  public  procurement  procedure  for  the  development  of  SIS  II;  the  S-
Testa communications infrastructure funded under the IDABC programme, which will 
not be operational as planned during the initial testing phase; the lack of preparedness 
and  uncertainty  regarding  the  sites  for  the  development,  and  the  complexity  of  the 
project itself also had a negative impact on the planning.  

The choice of the sites for the development of the system in France and Austria follows 
the Council Conclusions from 29 April 2004 when the Council agreed on: 

"1.  The  central  part  of  SIS  II  shall  be  located  in  Strasbourg  and  the  operational 
management  and  responsibility  for  liaison  with  the  Commission  for  this  site  shall  be 
the responsibility of France. 

2.  The  Business  Continuity  Site  shall  be  located  in  Salzburg  subject  to  certain 
arrangements that will be necessary before the site becomes operational. In that event, 
operational  management  and  responsibility  for  liaison  with  the  Commission  for  this 
site shall be the responsibility of Austria."  

EN 

2 

   EN 

 
 
130 

•  Existing provisions in the area of the proposal 

- Convention Implementing the Schengen Agreement (Articles 92-119) 

- Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction 
of  some  new  functions  for  the  Schengen  Information  System,  including  in  the  fight 
against terrorism 

- Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of 
some  new  functions  for  the  Schengen  Information  System,  including  in  the  fight 
against terrorism 

- Regulation (EC) No 1160/2005 of the European Parliament and of the Council of 6 
July 2005 amending the Convention implementing the Schengen Agreement of 14 June 
1985  on  the  gradual  abolition  of  checks  at  common  borders,  as  regards  access  to  the 
Schengen  Information  System  by  the  services  in  the  Member  States  responsible  for 
issuing registration certificates for vehicles 

The  Convention  and  the  three  legal  acts  cited  above  constitute  the  current  legal 
framework of the SIS which will be replaced by the future SIS II. The Commission has 
submitted  proposals  for  a  Regulation  and  a  Decision  on  the  establishment,  operation 
and use of the SIS II, documents COM (2005) 230 and 236 and one other proposal for 
a  Regulation  regarding  access  to  the  SIS  II  by  services  in  the  Member  States 
responsible for issuing vehicle registration certificates, document COM (2005) 237. 

•  Consistency with the other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Member  States'  experts  are  closely  involved  in  the  development  of  the  SIS  II,  in 
particular in the framework of the SIS II Committee.  

Summary of responses and how they have been taken into account 

Not applicable 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

No  Impact  Assessment  is  required  for  this  proposal  which  is  not  in  the  2006  Work 
Programme of the Commission. 

141 

211 

212 

229 

230 

EN 

3 

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3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

The  objective  of  the  proposals  is  to  amend  Regulation  (EC)  2424/2001  and  Decision 
2001/886/JHA in order to extend the deadline for the development of the SIS II until 
31 December 2007 and to designate the sites for the installation and final development 
of SIS II. This includes the obligation for the competent Member States to provide the 
infrastructure and means for hosting the system and which may receive a Community 
grant for that purpose 

310 

•  Legal basis 

The regulation has its legal basis in Article 66 of the Treaty Establishing the European 
Community.  The  reference  to  the  Treaty  is  the  same  as  the  one  of  the  act  to  be 
amended. 

The decision has its legal basis in Art. 30 (1) (a), Article 31 (1) (a) and (b) and Article 
34 (2) (c) of the Treaty on European Union. The reference to the Treaty is the same as 
the one of the act to be amended.  

•  Subsidiarity principle 

The  objective  of  the  proposed  action,  namely  the  establishment  of  a  common 
information  system  regarding  certain  categories  of  persons  and  objects  through  a 
computerised  information  system,  cannot  be  achieved  by  the  Member  States 
individually.  

The  SIS  II  is  necessary  for  the  implementation  of  common  policies  of  the  European 
Union. It is notably a pre-condition to guarantee an area without internal border checks.

The Community task is limited to the development of the central part of the SIS II and 
its communications infrastructure. Member States are responsible for developing their 
national systems that shall guarantee access by the end-users to the services provided 
by SIS II.  

The proposals, therefore, comply with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason. 

Member  States  have  full  discretion  as  regards  the  administrative  and  financial 
arrangements for implementing their national systems. The national preparations must, 
however,  fit  with  the  overall  planning  for  the  development  of  the  SIS  II.  The 
Commission  is  providing  the  technical  specifications  for  the  national  interfaces  that 
will allow smooth connection and flawless data exchange between the national systems 
and the SIS II.  

320 

321 

324 

327 

331 

EN 

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332 

341 

342 

401 

The Regulation (EC) 2424/2001 and the Decision 2001/886/JHA, both to be amended, 
lay  down  a  regulatory  procedure  for  the  SIS  II  implementing  measures  that  have 
serious financial implications for the budgets of the Member States and which remains 
applicable. 

•  Choice of instruments 

Proposed instruments: a regulation and a decision. 

Other means would not be adequate for the following reason. 

The  objective  of  the  proposed  Regulation  is  to  amend  another  Regulation  while  the 
objective of the proposed Decision is to amend another Decision, therefore, following 
the principle of "formal parallelism" the amending act must take the same form as the 
act to be amended. 

4)  BUDGETARY IMPLICATION 

The  extension  of  the  mandate  and  the  completion  of  the  SIS  II  development  in  2007 
will  require  some  additional  financial  resources  that  are  already  foreseen  in  the  PDB 
(Preliminary  Draft  Budget)  2007.  The  additional  costs  will  be  linked  to  the  network, 
resizing  of  the  central  system  and  support  at  the  sites  where  the  system  will  be 
developed.  

EN 

5 

   EN 

 
 
 
 
 
 
2006/0125 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2424/2001 on the development of the second generation 
Schengen Information System (SIS II) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 66 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Together with Decision 2001/886/JHA of 6 December 2001 on the development of the 
second generation of the Schengen Information System (SIS II) Regulation  (EC)  No 
2424/2001  constitutes  the  required  legislative  basis  to  allow  for  the  inclusion  in  the 
budget of the Union of the necessary financial appropriations for the development of 
SIS II and the execution of that part of the budget. Regulation (EC) No 2424/2001 and 
Decision 2001/886/JHA both expire on 31 December 2006. 

The  development  of  the  SIS  II  will  take  longer  than  initially  foreseen  requiring  the 
availability of financial appropriations beyond 31 December 2006 

It  is  therefore  necessary  to  extend  the  period  of  validity  of  Regulation  (EC)  No 
2424/2001  so  that  the  Commission  can  implement  the  budget  in  2007  in  order  to 
complete the project for the development of the SIS II including the establishment of 
the communication infrastructure.  

Council Conclusions of 29 April 2004 state that for the development phase of SIS II 
the  central  part  of  SIS  II  shall  be  located  in  Strasbourg  and  the  Business  Continuity 
Site shall be located in Salzburg subject to certain arrangements that will be necessary 
before  the  site  becomes  operational.  Operational  management  and  responsibility  for 
liaison  with  the  Commission  for  the  site  shall  be  the  responsibility  of  France  and 
Austria respectively.  

(5) 

This  Regulation  is  without  prejudice  to  the  adoption  in  the  future  of  the  legislative 
instruments for the establishment, operation and use of the SIS II. 

1 
2 

OJ C , , p. . 
OJ C , , p. . 

EN 

6 

   EN 

 
                                                 
(6) 

(7) 

(8) 

(9) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the  European 
Community, Denmark is not a party to the adoption of this Regulation and is therefore, 
not bound by it or subject to its application. Given that this Regulation builds upon the 
Schengen  acquis  under  the  provisions  of  Title  IV  of  Part  Three  of  the  EC  Treaty, 
Denmark  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. 

This  Regulation  and  the  United  Kingdom's  and  Ireland's  participation  it  its  adoption 
and  application  are  without  prejudice  to  the  arrangements  for  the  United  Kingdom's 
and Ireland's partial participation in the Schengen acquis as respectively defined by the 
Council Decision 2000/365/EC of 29 May 20003 and Council Decision 2002/192/EC 
of 28 February 2002 4. 

As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of 
provisions of the Schengen acquis within the meaning of the Agreement concluded by 
the Council of the European Union and the Republic of Iceland and the Kingdom of 
Norway  concerning  the  association  of  those  two  States  with  the  implementation, 
application  and  development  of  the  Schengen  acquis5,  which  fall  within  the  area 
referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999 on 
certain arrangements for the application of that Agreement. 

As regards Switzerland, this Regulation constitutes a development of the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  signed  between  the 
European  Union,  the  European  Community  and  the  Swiss  Confederation  concerning 
the  association  of  the  Swiss  Confederation  with  the  implementation,  application  and 
development of the Schengen acquis, which falls 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 certain provisions of that Agreement6. 

(10)  This  Regulation  constitutes  an  act  building  on  the  Schengen  acquis  or  otherwise 
related to it within the meaning of Article 3 (1) of the 2003 Act of Accession. 

(11)  Regulation (EC) No 2424/2001 should, therefore, be amended accordingly  

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 2424/2001 is amended as follows: 

(1) the following Article 4a is inserted: 

3 
4 
5 
6 

OJ L 131, 1.6.2000, p.43. 
OJ L 64, 7.3.2002, p.20. 
OJ L 176, 10.7.1999, p.31. 
OJ L 370, 17.12.2004, p.78. 

EN 

7 

   EN 

 
                                                 
"Article 4a 

1. Without prejudice to the Commission's responsibility for the development of the SIS II, the 
central unit of the SIS II shall be located in Strasbourg (France) and the back-up central unit 
in Sankt Johann in Pongau (Austria) during the development of the system.  

2.  France  and  Austria  shall  provide  the  appropriate  infrastructure  and  means  to  host  the 
central unit and the back-up central unit of SIS II respectively during the development of the 
system.  

3. The national authority providing for the infrastructure and means referred to in paragraph 2 
may  receive  a  Community  grant  for  the  preparation  and  maintenance  of  the  site  or  for 
providing other services necessary for hosting the SIS II during its development." 

(2) In Article 7, the second paragraph is replaced by the following: 

"It shall expire on 31 December 2007" 

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

Article 2 

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 Council 
The President 

EN 

8 

   EN 

 
 
 
 
 
2006/0126 (CNS) 

Proposal for a 

COUNCIL DECISION 

amending Decision 2001/886/JHA on the development of the second generation 
Schengen information System (SIS II) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union, and in particular Article 30 (1) (a) and (b), 
Article 31 (1) (a) and (b) and Article 34 (2) (c) thereof, 

Having regard to the proposal from the Commission7, 

Having regard to the opinion of the European Parliament8, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Together  with  Regulation  (EC)  No  2424/2001  of  6  December  2001  on  the 
development of the second generation Schengen Information System (SIS II) Decision 
2001/886/JHA  constitutes  the  required  legislative  basis  to  allow  for  the  inclusion  in 
the budget of the Union of the necessary financial appropriations for the development 
of  SIS  II  and  the  execution  of  that  part  of  the  budget.  Decision  2001/886/JHA  and 
Regulation (EC) No 2424/2001 both expire on 31 December 2006. 

The  development  of  the  SIS  II  will  take  longer  than  initially  foreseen  requiring  the 
availability of financial appropriations beyond 31 December 2006. 

It is therefore necessary to extend the period of validity of Decision 2001/886/JHA so 
that  the  Commission  can  implement  the  budget  in  2007  in  order  to  complete  the 
project  for  the  development  of  the  SIS  II  including  the  establishment  of  the 
communication infrastructure.  

Council Conclusions of 29 April 2004 state that for the development phase of SIS II 
the  central  part  of  SIS  II  shall  be  located  in  Strasbourg  and  the  Business  Continuity 
Site shall be located in Salzburg subject to certain arrangements that will be necessary 
before  the  site  becomes  operational.  Operational  management  and  responsibility  for 
liaison  with  the  Commission  for  the  site  shall  be  the  responsibility  of  France  and 
Austria respectively.  

(5) 

This  Decision  is  without  prejudice  to  the  adoption  in  the  future  of  the  legislative 
instruments on the establishment, operation and use of the SIS II. 

7 
8 

OJ C , , p. . 
OJ C , , p. . 

EN 

9 

   EN 

 
                                                 
(6) 

(7) 

(8) 

(9) 

The United Kingdom is taking part in this Decision, in accordance with Article 5 of 
the  Protocol  integrating  the  Schengen  acquis  into  the  framework  of  the  European 
Union annexed  to  the  EU Treaty and to the EC Treaty, and Article 8 (2) of 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 acquis9. 

Ireland  is  taking  part  in  this  Decision  in  accordance  with  Article  5  of  the  Protocol 
integrating the Schengen acquis into the framework of the European Union annexed to 
the EU Treaty and to the EC Treaty, and Article 5 (1) and 6 (2) of Council Decision 
2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of 
the provisions of the Schengen acquis10. 

As  regards  Iceland  and  Norway,  this  Decision  constitutes  a  development  of  the 
provisions of the Schengen acquis within the meaning of the Agreement concluded by 
the Council of the European Union and the Republic of Iceland and the Kingdom of 
Norway  concerning  the  association  of  those  two  States  with  the  implementation, 
application  and  development  of  the  Schengen  acquis  which  fall  within  the  area 
referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 199611 
on certain arrangements for the application of that Agreement. 

As regards Switzerland, this Decision constitutes  a  development of  the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  signed  between  the 
European  Union,  the  European  Community  and  the  Swiss  Confederation  concerning 
the  association  of  the  Swiss  Confederation  with  the  implementation,  application  and 
development of the Schengen acquis, which fall within the area referred to in Article 
1, point G of Council Decision 1999/437/EC read in conjunction with Article 4 (1) of 
the  Council  decision  2004/849/EC  on  the  signing,  on  behalf  of  the  European  Union, 
and on the provisional application of certain provisions of that Agreement12. 

(10)  This Decision constitutes an act building on the Schengen acquis or otherwise related 

to it within the meaning of Article 3 (1) of the 2003 Act of Accession. 

(11)  Decision 2001/886/JHA should, therefore, be amended accordingly. 

HAS DECIDED AS FOLLOWS:  

Article 1 

Decision 2001/886/JHA is amended as follows: 

(1) The following Article 4a is inserted: 

9 
10 
11 
12 

OJ L 131, 1.6.2000, p.43. 
OJ L 64, 7.3.2002, p.20. 
OJ L 176, 10.7.1999, p.31. 
OJ L 368, 15.12.2004m p.26 

EN 

10 

   EN 

 
                                                 
"Article 4 a 

1. Without prejudice to the Commission's responsibility for the development of the SIS II, the 
central unit of the SIS II shall be located in Strasbourg (France) and the back-up central unit 
in Sankt Johann in Pongau (Austria) during the development of the system.  

2.  France  and  Austria  shall  provide  the  appropriate  infrastructure  and  means  to  host  the 
central unit and the back-up central unit of SIS II respectively during the development of the 
system.  

3. The national authority providing for the infrastructure and means referred to in paragraph 2 
may  receive  a  Community  grant  for  the  preparation  and  maintenance  of  the  site  or  for 
providing other services necessary for hosting the SIS II during its development." 

(2) In Article 7, the second paragraph is replaced by the following : 

“It shall expire on 31 December 2007” 

Article 2 

This  Decision  shall  take  effect  on  the  twentieth  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 
[… 

EN 

11 

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ANNEX 

LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL 

Proposals for a Council Regulation amending Regulation (EC) No 2424/2001 and for 
a Council Decision  amending  Decision  (JHA) No 886/2001  on the  development of 
the second generation Schengen Information System (SIS II) 

2. 

ABM / ABB FRAMEWORK 

Policy  Area(s)  concerned  and  associated  Activity/Activities:  JLS  –  Solidarity  – 
External borders – Visa policy – Free movement of people 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B..A lines) including headings: 

PDB 18 02 04 (Previously 18 08 02) 

3.2. 

Duration of the action and of the financial impact: 

2007 

3.3. 

Budgetary characteristics : 

Budget 
line 

18 02 04 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-
comp 

Diff13/ 

NO 

NO 

NO 

No 3(a) 

13 

Differentiated appropriations 

EN 

12 

   EN 

 
                                                 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Expenditure type 

Section 
no. 

Operational expenditure14 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA) 

Appropriations 

a 

b 

EUR million (to 3 decimal places) 

Total 

Year 
2007 

2008 

9,000 

7,000 

2,000 

9,000 

Administrative expenditure within reference amount15 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment Appropriations 

a+c

b+c

9,000 

7,000 

2,000 

Administrative expenditure not included in reference amount16 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

1,404 

0,186 

8.2.5. 

d 

8.2.6. 

e 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

10,590 

8,590 

2,000 

a+c
+d
+e 

b+c
+d
+e 

9,000 

9,000 

1,404 

0,186 

10,590 

10,590 

14 
15 
16 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

13 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
4.1.2.  Compatibility with Financial Programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement17 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

(cid:133) 

Proposal has no financial implications on revenue 

X 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

2007 [n+1] [n+2]  [n+3

] 

[n+4] [n+5]

18 

Prior to
action 
[Year 
n-1] 

a) Revenue in absolute terms 

0,2 

b) Change in revenue 

 ∆ 

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 association of both these States with the implementation, 
application  and  development  of  the  Schengen  acquis19.  Article  12(1)  last  paragraph  lays 
down: “In cases where operational costs are attributed to the general budget of the European 
Community, Iceland and Norway shall share in these costs by contributing to the said budget 
an  annual  sum  in  accordance  with  the  percentage  of  the  gross  national  product  of  their 
countries in relation with the gross national product of all participating States”.  

Switzerland  as  a  country  to  be  associated  with  the  implementation,  application  and 
development  of  the  Schengen  acquis  will  also  contribute  to  the  EU  Budget  once  the 
association agreement with Switzerland has entered into force.  

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

The  need  for  human  and  administrative  resources  shall  be  covered  within  the 
allocation granted to the managing service in the framework of the annual allocation 
procedure.  

17 
18 
19 

See points 19 and 24 of the Interinstitutional agreement. 
Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 
OJ L 176, 10. 7.1999, p. 36. 

EN 

14 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Annual requirements 

Year 
2007 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total  number  of  human 
resources 

13 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

The objective of the proposal is the amendment of the aforementioned regulation and 
decision in order to :  

(1) 

(2) 

Extend  the  deadline  for  the  development  of  the  SIS  II  until  31  December 
2007 and to allow for the allocation of the budget required for the completion 
of  the  SIS  II  development  including  the  provision  of  the  communications 
infrastructure 

Designate  the  sites  for  the  central  unit  (Strasbourg,  France)  and  backup 
central unit (Sankt Johann in Pongau, Austria) including the obligation for the 
competent Member States to provide the infrastructure and means and which 
may receive a Community grant for that purpose.  

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

The  proposal  concerns  a  continuation  of  the  development  of  SIS  II  by  the 
Commission, which is ongoing since 2002. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The  overall  objective  is  to  complete  the  project  for  the  SIS  II  development  in  the 
designated  sites  in  2007,  some  of  the  actions  foreseen  for  2006  will  continue 
therefore in 2007. Furthermore, several new actions are foreseen in order to minimise 
the  impact  of  the  delays  due  to  the  different  factors  such  as  the  Court  cases  or  the 
complexity  of  the  project.  This  concerns  in  particular  increased  network  costs, 
additional  resources  and  delegation  of  preparatory  work  to  Member  States.  Lastly, 
the computer hardware capacity could be increased, to take into account the results 
of  studies  during  the  start  of  development  The  following  actions  are  foreseen  for 
2007: 

Action 1: Network 

Following  the  results  of  the  requirement  analysis  during  the  design  phase,  the 
capacity of the network has to be increased to cope with the response times for SIS II 
queries. A network with higher bandwidth will imply additional financial resources.  

EN 

15 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
Due  to  the  non-availability  of  the  s-Testa  network  on  time,  alternative  interim 
solutions for testing the SIS II have had to be set up. This will imply additional costs 
to migrate from the interim network to the final network.  

Action 2: Specialised technical expertise and Additional studies 

In order to reach the required level of IT expertise additional resources are needed. 
Due to the limited internal resources, high quality external assistance will be used for 
follow  up,  audit  and  evaluation.  Furthermore,  additional  studies  and  external 
expertise is necessary, in particular for security and network issues. 

Action 3: Support and continuous site preparation during development phase 

The  preparations  at  the  French  and  Austrian  sites  have  started  during  the 
development phase and require significant resources. Some of the tasks regarding the 
preparation will not be directly performed by Commission staff, but will be entrusted 
to  the  Member  States  where  the  systems  are  hosted  during  the  development  phase. 
Additional budget is needed to cover the estimated needs in these fields.  

5.4.  Method of Implementation (indicative) 

X 

Centralised Management 

X 

directly by the Commission 

(cid:133) 

indirectly by delegation to: 

(cid:133) 

executive Agencies 

(cid:133) 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member States 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments:  

Part of the budget for 2007 may be attributed to Member States or national public-
sector  bodies,  either  by  sub-delegation  or  as  subvention,  in  order  to  finance  the 
preparation of the sites hosting the systems or the communication infrastructure. 

EN 

16 

   EN 

 
6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The  progress  will  be  assessed  at  regular  points  and  performance  measured  against 
required standards and pre-set criteria. This should demonstrate that the investment is 
delivering the required result. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

NA 

6.2.2.  Measures taken following an intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

NA 

6.2.3.  Terms and frequency of future evaluation 

NA 

7. 

ANTI-FRAUD MEASURES  

The  Commission  procedures  for  the  award  of  contracts  will  be  applied,  ensuring 
compliance with Community law on public contracts. 

EN 

17 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

(Headings  of  Objectives,  actions  and 
outputs should be provided) 

Type of output 

Av. 
cost 

Year 2007 

TOTAL 

Commitment appropriations in EUR million (to 3 decimal places) 

Action 1 Network 

Action  2  Specialised  technical 
expertise & Additional studies 

–  migration 
test 
from 
final network 

to 

–  higher 

capacity 
network  

–  expertise, 
–  analysis 
studies 

& 

3  Support  and 

Action 
preparation 
development phase 

during 

site 
the 

–  external 
human 
resources 

–  site 

preparation 

No. outputs 

Total cost 

No. outputs 

Total cost 

5,000 

5,000 

1,000 

1,000 

3,000 

3,000 

TOTAL COST 

9,000 

9,000 

EN 

18 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

Year 
2007 

Year n+1  Year n+2  Year n+3  Year n+4  Year n+5 

Officials or 
temporary 
staff20 (XX 01 
01) 

A*/AD 

4,5 

B*, 
C*/AST 

2,5 

Staff  financed21  by  art. 
XX 01 02 

6 

Other  staff22  financed by 
art. XX 01 04/05 

TOTAL 

13 

8.2.2.  Description of tasks deriving from the action 

Project management and coordination of the development of SIS II. 

8.2.3. 

Sources of human resources (statutory) 

x 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

20 
21 
22 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

EN 

19 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
2007 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies23 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources 

Year 
2007 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and later 

Officials  and  temporary  staff 
(XX 01 01) 

0,756 

Staff  financed  by  Art  XX  01 
02  (auxiliary,  END,  contract 
staff, etc.) 

0,648 

(specify budget line) 

cost 

Total 
of  Human 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

1,404 

23 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

20 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Officials and Temporary agents 

7*108.000 (person/year) = 756.000 EUR  

Calculation– Staff financed under art. XX 01 02 

6 * 108.000 (person/year) = 648.000 EUR  

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
2007 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and 
later 

TOTAL 

0,022 

0,014 

0,150 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees24 (SIS II /VIS 
Committee) 

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

Expenditure (XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

0,186 

Calculation - Other administrative expenditure not included in reference amount 

10 (no of meetings) * 15.000 (meeting 25 Committee members) = 150.000 EUR 

24 

Specify the type of committee and the group to which it belongs. 

EN 

21 

   EN