Proposal for a Council Regulation on the installation, operation and management of a Communication Infrastructure for the Schengen Information System (SIS) environment {COM(2007)306 final} {SEC(2007)809} {SEC(2007)810}
Date: 2007-06-11
Institutions: European Commission
Subjects: European Commission, Schengen Agreement, Schengen Information System, competence of the institution, information network, transmission network

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.6.2007 
COM(2007)311 final 

2007/0108(CNS) 

Proposal for a 

COUNCIL REGULATION 

on the installation, operation and management of a Communication Infrastructure for 
the Schengen Information System (SIS) environment 

(presented by the Commission) 

{COM(2007)306 final} 
{SEC(2007)809 
{SEC(2007)810} 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

The objective of this proposal, together with a proposal for a Council decision on the 
same subject, is to establish the legal framework for installing, operating and managing 
a  specific  communication  infrastructure  that  shall  provide  networking  and  security 
services for the exchange of data via the Schengen Information System (SIS) and for 
the exchange of information linked to the SIS data between the SIRENE Bureaux.  

The Commission is putting forward this proposal in order to ensure the continuity of 
the  abovementioned  services  currently  provided  by  the  communication  infrastructure 
for  the  Schengen  environment  (SISNET)  and  which  are  of  crucial  importance  for 
keeping  an  area  without  internal  border  controls.  However,  this  proposal  for 
establishing  a  new  communication  infrastructure  should  only  be  implemented  in  the 
event  that  the  public  procurement  launched  by  the  Deputy  Secretary-General  of  the 
Council  on  behalf  of  the  Member  States  for  a  new  SISNET  contract  has  been 
unsuccessful. The Commission considers that the Council, which is responsible for the 
management  of  the  SIS,  should,  in  principle,  continue  to  be  responsible  for  all  its 
components including its communication infrastructure.  

The  Commission  proposes  that  this  new  communication  infrastructure  shall  be 
established  by  making  use  of  the  horizontal  measures  provided  for  in  the  IDABC 
Programme  (Decision  2004/387/EC)  in  particular  of  s-TESTA  (a  secured  trans-
European  communication  platform).  The  s-TESTA  platform  is  also  currently  being 
used for developing the communication infrastructure for the Second generation of the 
SIS (SIS II). 

As  regards  SIS  II,  the  Commission  remains  committed  to  its  development  and  to 
having  the  system  operational  as  soon  as  possible  given  that  it  remains  the  absolute 
priority for the Council. The shared goal of having a new SIS with new and improved 
functionalities and higher performance standards which will provide a higher level of 
security,  while  ensuring  protection  of  personal  data,  in  a  European  area  of  Freedom, 
Security and Justice, remains the priority. For this reason the duration of the proposed 
communication  infrastructure  shall  be  limited  in  time  depending  upon  the  start  of 
operations of the SIS II.  

120 

•  General context 

In December 2001 the Council gave a mandate to the Commission to develop the SIS 
II. One of the objectives of the SIS II was to allow the Member States that joined the 
European Union in 2004 to fulfil one of the key conditions required for the lifting of 
internal border controls. However, the development of SIS II has been delayed and in 
December  2006  the  Council  prolonged  the  mandate  of  the  Commission  for  its 
development  until  the  end  of  2008.  In  order  to  ensure  that  the  political  objective  of 
lifting internal border controls with the Member States that joined the European Union 
in  2004  might  still  be  met  in  2007,  the  Council  decided  in  December  2006  to 
implement  a  project  proposed  by  Portugal  to  connect  those  Member  States  to  the 
current  version  of  the  SIS,  the  SIS  I+.  As  a  consequence  of  this  project  the 
implementation  of  SIS  II  has  been  delayed  further  and  it  is  now  scheduled  to  be 
operational in mid-December 2008.  

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The SISNET Agreement, the contract signed for the provision of the networking and 
associated  security  services  for  the  SIS  1+,  terminates  in  November  2008.  Given  the 
possibility  that  the  SIS  II  will  not  have  become  operational  for  all  Member  States 
participating in SIS 1+ by that date, it is necessary to cover the gap between November 
2008 and the start of operations of the SIS II.  

Following the endorsement by the JHA Council of 15 February 2007 of an agreement 
on actions with regard to the future communication infrastructure for the SIS 1+ and in 
parallel to the call for tender launched by the Deputy Secretary-General of the Council 
for the conclusion of a new contract for SISNET, the Commission proposes to establish 
a  specific  communication  infrastructure  which  will  be  funded  by  the  EU  budget.  It 
should be recalled that SISNET is not funded by the EU budget and the contract for the 
provision of the required communication services is managed by the Deputy Secretary-
General  of  the  Council  on  behalf  of  Member  States.  The  establishment  of  a  new 
communication  infrastructure  managed  by  the  Commission  represents  an  important 
change  for  the  current  SIS  with  its  intergovernmental  management  structures.  In  this 
context,  the  present  proposal  must  establish  a  clear  delimitation  of  tasks  and 
responsibilities for the Commission, Council and Member States.  

In  any  event,  the  enlarged  SIS  1+  and  this  new  communication  infrastructure  must 
remain  temporary  solutions  since  the  entry  into  operation  of  SIS  II  constitutes  the 
ultimate goal. The Council and Parliament have reached agreement on the SIS II legal 
framework  which  will  allow  the  use  of  an  advanced  technological  approach  and  the 
enhanced functionalities offered by the new system. These will be counterbalanced by 
higher protection standards for individuals and enhanced accountability as regards the 
management of the system.  

This  new  communication  infrastructure  will  not  replace  SISNET  in  its  entirety  since 
SISNET  also  provides  communications  services  for  VISION,  a  network  supporting 
visa consultation procedures between central authorities of Member States according to 
Article 17 (2) of the Schengen Convention. However, the Commission has not included 
VISION  in  the  scope  of  this  proposal  since  the  Council  has  reserved  for  itself 
implementing  powers  in  the  field  of  visa  policy.  The  technical  functionalities  of  the 
VISION  consultation  mechanism  will  be  replaced  by  the  Visa  Information  System 
(VIS),  when  all  those  Member  States  which  use  VISION  are  in  a  position  to  use  the 
VIS for this purpose. 

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 

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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  SIS  II  legal 
framework is composed of: 

- Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of 
the second generation Schengen Information System (SIS II) 

-  Council  Decision  2001/886/JHA  of  6  December  2001  on  the  development  of  the 
second generation Schengen Information System (SIS II) 

-  Regulation  (EC)  No  1987/2006  of  the  European  Parliament  and  of  the  Council  of 
20 December  2006  on  the  establishment,  operation  and  use  of  the  second  generation 
Schengen Information System (SIS II). 

- Draft Council Decision 2007/…/JHA of …1 on the establishment, operation and use 
of the second generation Schengen Information System (SIS II).  

-  Regulation  (EC)  No  1986/2006  of  the  European  Parliament  and  of  the  Council  of 
20 December  2006  regarding  access  to  the  Second  Generation  Schengen  Information 
System  (SIS  II)  by  the  services  in  the  Member  States  responsible  for  issuing  vehicle 
registration certificates. 

140 

•  Consistency with the other policies and objectives of the Union 

This proposal is necessary to keep the SIS in operation. The SIS constitutes an integral 
part  of  the  compensatory  measures  necessary  for  ensuring  the  free  movement  of 
persons and is also consistent with the objectives of the IDABC Programme by making 
use  of  the  infrastructure  services  part  of  the  horizontal  measures  laid  down  by  this 
Programme. The IDABC Programme's objective is to identify, support and promote the 
development  and  establishment  of  pan-European  eGovernment  services  and  the 
underlying  interoperable  telematic  networks  supporting  the  Member  States  and  the 
Community  in  the  implementation,  within  their  respective  areas  of  competence,  of 
Community  policies  and  activities,  achieving  substantial  benefits  for  public 
administrations, businesses and citizens.  

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

211 

Consultation methods, main sectors targeted and general profile of respondents 

The main consultation method was information gathering from the following parties:  

(1) 

Council Secretariat General.  

Elements for consultation: 

1 

This Decision has yet to be adopted formally by the Council. 

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- 

- 

- 

SISNET contract 

SISNET expenditure 

Responsibilities in SIS 

(2) 

S-TESTA network provider  

Elements for consultation: 

- 

- 

Price-lists for network installation 

Price-lists for network operation 

212 

Summary of responses and how they have been taken into account 

The  information  gathered  was  used  for  the  analysis  of  the  cost  and  of  the  roles  and 
responsibilities  in  each  of  the  policy  options.  The  opinions  expressed  by  the 
delegations  of  the  Member  States  in  the  different  Council  and  Commission  working 
groups were also taken into account. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

ICT, public procurement and financial expertise  

Methodology used 

Face-to-face meetings and collection of written information  

Main organisations/experts consulted 

221 

222 

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Commission  internal  expertise  (DG  JLS  and  DIGIT)  and  external  expertise  collected 
from SIS technical documentation.  

2243 

Summary of advice received and used 

There is a broad consensus on the potential for serious risks being realised and giving 
rise to significant political consequences. 

225 

The  risks  for  each  option  have  been  assessed  and  they  are  very  different  in  nature: 
failure in the public procurement procedure, delayed adoption of the legal instruments 
necessary  for  the  establishment  of  a  new  communication  infrastructure,  lack  of 
funding,  ambiguity  in  governance  or  decision  making,  negative  interference  with  the 
SIS II project, and delay or failure in the technical implementation.  

226 

Means used to make the expert advice publicly available 

N/A 

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230 

•  Impact assessment 

The following policy options have been considered: 

Option 1: Status quo - the Commission does not present a legal proposal. This solution 
is a continuation of the current framework in which the Council and the Member States 
are solely responsible for the SIS. In order to establish a SISNET contract ensuring the 
availability of SISNET after 13 November 2008, the Deputy Secretary-General of the 
Council prepares and launches a call for tenders, in the form of an open, restricted or 
negotiated procedure. The Commission has no role in or responsibility for this option. 

Option  2:  The  Council  installs,  operates  and  manages  a  new  communication 
infrastructure  for  SIS  1+  via  a  specific  contract  with  the  s-TESTA  provider,  to  be 
funded by the Member States. In this option, the Council concludes a specific contract 
under the s-TESTA framework contract for the purposes of SIS 1+ with the Member 
States financing this specific contract. Option 3: The Commission installs, operates and 
manages  a  new  communication  infrastructure  for  SIS  1+  via  a  specific  contract  with 
the s-TESTA provider, to be funded by the general budget of the EU. The Commission 
signs  a  specific  s-TESTA  contract  to  install  a  new  communication  infrastructure  for 
SIS 1+. As a result, the installation, operation and management of the communication 
infrastructure are the responsibility of the Commission and are funded by the general 
budget  of  the  EU.  This  new  s-TESTA  communication  infrastructure  for  the  SIS  1+ 
does not interfere with the s-TESTA communication infrastructure for the SIS II. 

The impact assessment concludes that although the status quo option is by far the best 
option and does not present major difficulties, there are inherent risks with any tender 
procedure.  In  agreement  with  the  Council,  the  Commission  recognised  that  it  is 
necessary to have a fallback solution. It would indeed be very difficult to maintain an 
area without internal border controls for any length of time without the operation of the 
SIS and related SIRENE exchange.  

Therefore, in the event that the tendering procedure launched by the Deputy Secretary-
General of the Council has not resulted in the conclusion of any agreement or contract 
for the provision of the services required for the SIS environment, the only remaining 
option is the last option, given that the second option has been ruled out by the Legal 
Service of the Council and will therefore be very difficult to pursue. 

The recommendation of the impact assessment is thus that the Commission undertakes 
all necessary preparations for the last option, even though the impact assessment is not 
favourable.  However,  the  implementation  of  this  solution  should  only  be  triggered  if 
there is a failure of the actions being taken to establish a new contract for SISNET. It 
is, therefore, conditional on all possible means available to prolong the SISNET service 
having been applied. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

The objective of this proposal, together with a proposal for a Council decision on the 
same subject, is to establish the legal framework for installing, operating and managing 
a  specific  communication  infrastructure  that  shall  provide  networking  and  security 
services  for  the  exchange  of  data  via  the  SIS  and  for  the  exchange  of  information 

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linked  to  the  SIS  data  between  the  SIRENE  Bureaux  laid  down  in  the  Schengen 
Convention. 

310 

•  Legal basis 

The regulation has its legal basis in Article 66 of the Treaty Establishing the European 
Community (TEC). 

320 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reason. 

The  objective  of  the  proposed  action,  namely  to  establish  a  communication 
infrastructure  linking  national  SIS  systems  with  the  SIS  central  database  for  sharing 
information, can be better achieved by the Community using the existing Community 
infrastructure (s-TESTA) available for the exchange of data between administrations.  

Community action will better achieve the objectives of the proposal for the following 
reason. 

All  Member  States  taking  part  in  the  Schengen  cooperation  need  to  exchange 
information for the implementation of common policies. The Community can provide 
the  Europe-wide  networking  and  security  services  that  these  Member  States  require 
much more efficiently than if each Member State provides them. 

The fact that a common platform, such as s-TESTA, has been already been established 
for  such  purposes  drawing  from  the  experience  gained  from  former  projects  and 
generic services provided in the framework of IDA (IDABC Predecessor) demonstrates 
the viability of relying on the Community for the provision of such services.  

The  Community  action  is  limited  to  the  shared  communication  infrastructure  while 
Member States remain responsible for their own national information systems.  

The proposal, therefore, complies with the subsidiarity principle. 

•  Proportionality principle 

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

The  proposals  lay  down  the  obligation  for  the  Commission  to  establish  the  common 
communication  infrastructure.  However,  Member  States  will  be  responsible  for  the 
execution of the tests ensuring that their national applications (SIS and SIRENE) run 
properly using the new infrastructure.  

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324 

325 

327 

331 

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341 

342 

401 

The proposals and financial burden will be limited in time bearing in mind that SIS II 
will  replace  the  current  SIS  and  make  this  communication  infrastructure  redundant. 
The purpose is to provide an essential service as a temporary solution for the current 
system until the SIS II is operational. 

•  Choice of instruments 

Proposed instruments: Regulation and Decision. 

A  Regulation  based  on  Title  IV  TEC  and  a  Decision  based  on  Title  VI  TEU  are 
required  due  to  the  dual  legal  nature  of  the  SIS.  Any  amendment  or  further 
development of the SIS acquis must be based in a first and third pillar legal basis.  

4)  BUDGETARY IMPLICATION 

The  financial  envelope  requested  for  2008  for  the  establishment  and  operation  of  the 
new  communication  infrastructure  amounts  to  7,6  million  EUR.  This  comprises  the 
following main actions: 

- Installation and testing of the s-TESTA network for SIS 1+; 

- Migration of the SIS 1+ users to the new network on s-TESTA; 

- SIS 1+ s-TESTA network operations. 

In addition there will be a financial impact for the intergovernmental budgets laid down 
in  the  Schengen  acquis  for  the  establishment  and  management  of  SISNET  and  the 
technical  support  function  (C.SIS  -  Central  SIS)  during  the  testing  and  migration 
activities.  

5)  ADDITIONAL INFORMATION 

520 

•  Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

•  Review/revision/sunset clause 

533 

The proposal includes a sunset clause. 

•  Detailed explanation of the proposal 

1. 

Installation, operation and management of the Communication Infrastructure  

The  Communication  Infrastructure  to  be  established  is  described,  on  one  hand,  by 
making reference to the services that it is going to provide and, on the other hand, by 
indicating  the  systems  or  entities  defined  in  the  Schengen  Convention  that  will  be 
linked  via  this  Communication  Infrastructure.  This  infrastructure  will  not  cover  the 
national  flow  of  data  including  SIRENE  information  between  the  competent  national 
authorities  and  between  these  authorities  and  the  national  SIRENE  Bureau,  which 
remains national responsibility. 

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The  Commission,  before  entering  into  any  contractual  arrangement  with  the  service 
provider  for  the  Communication  Infrastructure,  needs  to  establish  the  technical 
specifications reflecting the specific requirements for the SIS 1+ and the SIRENE. The 
Commission  will  take  into  account  the  requirements  and  tendering  specifications 
drawn  up  by  the  Deputy  Secretary-General  of  the  Council  for  the  renewal  of  the 
SISNET.  

Although  Member  States  have  a  general  obligation  under  Article  10  of  the  Treaty  to 
facilitate  the  Commission's  tasks,  the  proposal  makes  reference  to  some  particular 
actions  that  Member  States  must  undertake  so  that  the  Commission  can  effectively 
install  and  operate  the  Communication  Infrastructure.  The  Commission  will  also 
inform  the  Member  States  when  the  installation  has  been  completed  after  having 
executed  the  necessary  tests  that  will  ensure  the  availability  of  the  Communication 
Infrastructure. The reference to the general budget of the European Union for funding 
this part of the SIS was deemed necessary given that the installation and operation of 
the  other  common  part  of  the  SIS,  the  technical  support  function,  i.e.  the  C.SIS,  is 
funded by an intergovernmental budget laid down in the Schengen Acquis (Decision of 
the Executive Committee of 15 December 1997 amending the Financial Regulation on 
the C.SIS).  

2. 

The IDABC Programme 

IDABC provides a series of infrastructure services such as s-TESTA for the exchange 
of data between National and European administrations. The s-TESTA platform is also 
being used for the development of the SIS II and VIS. Other operational large-scale IT 
systems  in  the  European  area  of  Freedom,  Security  and  Justice  requiring  high 
availability  and  security  requirements  such  as  Eurodac  are  also  making  use  of  the 
services provided by IDABC. 

3. 

Operational tests 

The operational testing activities that shall ensure the proper functioning of the SIS and 
the SIRENE exchange on the new Communication Infrastructure constitutes a critical 
task  that  can  only  be  performed  by  the  Member  States  under  the  coordination  of  the 
Council. This reflects the current status quo regarding the management of the SIS and 
its decision making process. France, with its responsibility for the management of the 
C.SIS,  has  the  expertise  required  in  order  to  describe  the  test  cases  and  propose  the 
most appropriate procedure for verifying that SIS and SIRENE run properly over the 
new  infrastructure.  The  Council  Working  Groups  competent  for  SIS  and  SIRENE 
convening the relevant national experts shall undertake all the preparatory work for the 
establishment,  coordination  and  validation  of  the  testing  activities.  The  Commission 
will  ensure  the  availability  of  the  Communication  Infrastructure  within  the  s-TESTA 
framework.  Member  States  shall  provide  to  the  Commission,  via  the  Council, 
information and feedback on the testing activities.  

4. 

Migration 

The  migration  of  the  SIS  and  SIRENE  to the new Communication Infrastructure can 
only take place after all the testing activities have been completed and validated. The 
date to be fixed by the Council shall in any case be before the 13 November 2008 when 
the SISNET Agreement expires.  

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Execution  of  specific  operational  management  tasks  by  national  public  sector 

5. 
bodies 

The  rationale  for  contracting  of  specific  operational  management  tasks  to  national 
public sector bodies regarding the Communication Infrastructure is to ensure efficiency 
and synergies with the operational management tasks already performed by the central 
C.SIS. 

6. 

Monitoring and evaluation 

Expenditure  will  be  carefully  monitored  by  the  Commission  by  using  all  available 
means provided for in the contract to be signed with the s-TESTA provider which will 
include  objectives  and  performance  indicators.  A  specific  evaluation  of  the  services 
provided by the Communication Infrastructure for the SIS and SIRENE will be carried 
out  in  the  context  of  the  overall  evaluation  of  horizontal  measures  including 
infrastructure services performed according to Article 13 of the IDABC Decision.  

Repeal  of  the  SISNET  legal  framework  and  amendment  of  the  Schengen 

7. 
Convention. 

Once SISNET has ceased operations, the provisions referring to it become obsolete and 
should be repealed. 

The  transfer  to  the  Commission  of  property  rights  derived  from  the  execution  of  the 
SISNET  Agreement  on  the  Provision  of  Wide  Area  Networking  and  Associated 
Security  Services  for  the  SIS  of  14  November  2000,  in  particular  of  the  network 
components could speed up the installation of the new Communication Infrastructure 
and decrease the financial impact on the general budget of the European Union.  

8. 

Conditional application and limited period of validity 

The conditional application of the legal instrument reflects the position of the Council 
when acknowledging in its Conclusions of February 2007 the risks that the tendering 
procedure for the renewal of SISNET may entail and that an alternative solution based 
on  s-TESTA  must  be  provided  for.  The  Impact  Assessment  related  to  this  proposal 
demonstrates  that  the  renewal  of  SISNET  would  always  be  the  best  option.  The 
conditional  application  of  the  legal  instrument  is  to  ensure  that  the  present  proposal 
provide for a fallback solution.  

The limited period of validity of this proposal results from the fact that SIS 1+ in its 
SISone4all version as well as its Communication Infrastructure shall be replaced when 
SIS II starts operations.  

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2007/0108(CNS) 

Proposal for a 

COUNCIL REGULATION 

on the installation, operation and management of a Communication Infrastructure for 
the Schengen Information System (SIS) environment 

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 Commission2, 

Having regard to the opinion of the European Parliament3, 

Whereas: 

(1) 

(2) 

(3) 

2 
3 
4 

5 

6 

7 

The Schengen Information System ("SIS") set up pursuant to the provisions of Title IV 
of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 
1985  between  the  governments  of  the  States  of  the  Benelux  Economic  Union,  the 
Federal  Republic  of  Germany  and  the  French  Republic  on  the  gradual  abolition  of 
checks at their common borders 4 (the "Schengen Convention"), and its development, 
SIS  1+,  constitute  an  essential  tool  for  the  application  of  the  provisions  of  the 
Schengen acquis as integrated into the framework of the European Union. 

Council  Regulation  (EC)  No  2424/20015  and  Council  Decision  2001/886/JHA6 
provided for the development of SIS II. SIS II will replace the SIS as created pursuant 
to the Schengen Convention. 

Regulation (EC) No 1987/20067 of the European Parliament and of the Council of 20 
December  2006  on  the  establishment,  operation  and  use  of  the  second  generation 
Schengen  Information  System  (SIS  II)  constitutes  the  necessary  legal  framework  for 
governing  SIS  II  in  respect  of  matters  falling  within  the  scope  of  the  Treaty 
establishing the European Community (the "EC Treaty").  

OJ C , , p. . 
OJ C , , p. . 
OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regulation (EC) No 1160/2005 (OJ L 191, 
22.7.2005, p. 18). 
OJ  L  328,  13.12.2001  as  amended  by  Council  Regulation  (EC)  No  1988/2006  of  21  December  2006 
(OJ L 411 of 30.12.2006)  
OJ L 328, 13.12.2001 as amended by Council Decision 2006/1007/JHA of 21 December 2006 (OJ L 
411 of 30.12.2006) 
OJ L 381, 28.12.2006 

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(4) 

(5) 

(6) 

(7) 

(8) 

The  SIS  currently  services  15  States,  including  Iceland  and  Norway  which  are 
associated  with  the  implementation,  application  and  development  of  the  Schengen 
acquis. In December 2006 the Council endorsed the connection of nine of the Member 
States that joined the European Union on 1st May 2004 to the existing SIS with the aim 
of  allowing  them  to  fully  implement  the  Schengen  acquis  before  SIS  II  becomes 
operational. 

Pursuant  to  Council  Decision  1999/870/EC  of  17  December  1999  authorising  the 
Deputy  Secretary-General  of  the  Council  of  the  European  Union  to  act  as 
representative  of  certain  Member  States  for  the  purpose  of  concluding  contracts 
relating to the installation and the functioning of the communication infrastructure for 
the Schengen environment "SISNET" and to manage such contracts8 and pursuant to 
the  Council  Decision  2000/265/EC  of  27  March  2000  on  the  establishment  of  a 
financial regulation governing the budgetary aspects of the management by the Deputy 
Secretary-General  of  the  Council  of  contracts  concluded  in  his  name,  on  behalf  of 
certain  Member  States,  relating  to  the  installation  and  the  functioning  of  the 
communication infrastructure for the Schengen environment "SISNET" the Agreement 
on the Provision of Wide Area Networking and Associated Security Services for the 
Schengen Information System of 14 November 2000 ( the "SISNET Agreement") was 
concluded by the Deputy Secretary-General of the Council and private undertakings. 
The SISNET Agreement provides for the services necessary for the operation of SIS 
and will terminate in November 2008. 

The  continuity  of  the  type  of  services  provided  by  the  SISNET  Agreement  must  be 
guaranteed for the effective exchange of data between the Technical Support Function 
and the national sections of the SIS and for the exchange of information between the 
SIRENE laid down in Article 92 of the Schengen Convention. This is essential for the 
application  of  the  Schengen  acquis  and,  therefore,  for  maintaining  a  common  area 
without internal border controls. 

The SISNET Agreement also provides networking and associated security services for 
VISION,  a  network  supporting  visa  consultation  procedures  between  central 
authorities of Member States according to Article 17 (2) of the Schengen Convention, 
but  it  is  out  of  the  scope  of  this  proposal  since  the  Council,  in  accordance  with 
Regulation (EC) No 789/2001 of 24 April 2001 reserving to the Council implementing 
powers  with  regard  to  certain  detailed  provisions  and  practical  procedures  for 
examining visa applications9, is the body competent for implementing the amendments 
necessary for migrating VISION to another communication infrastructure.  

The  application  of  this  legal  instrument  should  be  conditional  on  the  notification  by 
the  Deputy  Secretary-General  of  the  Council  that  the  public  procurement  procedure 
launched pursuant to Council Decision 2007/149/EC of 5 March 2007 authorising the 
Deputy  Secretary-General  of  the  Council  of  the  European  Union  to  act  as 
representative of certain Member States for the purpose of concluding and managing 
contracts  relating  to  the  provision  of  services  concerning  a  communication 
to  a 
infrastructure 

the  Schengen  environment,  pending 

its  migration 

for 

8 
9 

OJ L 337 of 30.12.1999 
OJ L 116, 26.4.2001 

EN 

12 

   EN 

 
                                                 
communication  infrastructure  at  the  charge  of  the  European  Community10  and 
pursuant to Council Decision 2000/265/EC has not resulted in the conclusion of any 
agreement or contract for the provision of the services to be covered by this proposal.  

(9) 

The Council in February 2007 considered the risks of such a tendering procedure and 
requested  the  Commission  to  make  proposals  to  provide  for  the  possibility  of 
migrating the SIS 1+ onto another network.  

(10)  The Commission retains the right in accordance with Article 250 (2) of the EC Treaty 
to  alter  its  proposal  at  any  time  during  the  procedures  leading  to  the  adoption  of  a 
Community act.  

(11)  The most appropriate solution taking into account the specific security and availability 
requirements of the SIS is to establish a new communication infrastructure that shall 
replace  SISNET  making  use  of  the  infrastructure  services  provided  under  the 
framework  Service  Contract  for  "Secured  Trans-European  Services  for  Telematics 
between  Administrations  –  Delivery  of  a  managed  secured  private  communications 
infrastructure"  ("S-Testa  Framework  Contract") 
in  accordance  with  Decision 
2004/387/EC of the European Parliament and of the Council of 21 April 2004 on the 
to  public 
interoperable  delivery  of  pan-European  eGovernment 
administrations, businesses and citizens ("IDABC Decision")11. 

services 

(12)  The new communication infrastructure should replace SISNET, which should cease to 
operate from a date to be fixed by the Council; and Decision 1999/870/EC, Decision 
2000/265/EC  and  Decision  2007/155/EC12,  which  constitute  its  legal  framework 
should therefore be repealed. 

(13)  The establishment of the new communication infrastructure could be accelerated and 
its financial burden on the European Union reduced by Member States agreeing to the 
transfer  to  the  Commission  of  the  property  rights,  including  intellectual  property 
rights, derived from the execution of the SISNET agreement. 

(14)  The  expenditure  involved  in  the  establishment,  operation  and  management  of  this 
communication infrastructure should be charged to the general budget of the European 
Union.  The  Commission  is  responsible  for  executing  the  budget  and  signing  the 
required contracts for the provision of networking and security services within the S-
Testa Framework Contract. 

This  Regulation  and  the  Commission's  responsibility  for  the  establishment,  operation  and 
management  of  this  communication  infrastructure  should  have  no  bearing  on  the 
responsibility of the Council for the management of the current SIS. 

(15) 

It is therefore appropriate that the Council establishes the test plan on the basis of an 
initiative to be prepared by France, as the Member State responsible for theTechnical 
Support Function, ensuring the  proper  exchange of data for the SIS  and  SIRENE  on 
the communication infrastructure, coordinates the test activities and validates the test 

10 
11 
12 

OJ L 66, 6.3.2007 
OJ L 181, 18.5.2004 
OJ L 181, 18.5.2004 

EN 

13 

   EN 

 
                                                 
results  before  fixing  the  date  of  migration  from  SISNET  to  the  new  communication 
infrastructure. 

(16) 

If the Commission considers it more efficient, it may contract the implementation of 
specific  operational  management  tasks  related  to  security  and  supervision  of  the 
Communication Infrastructure to national public sector bodies. 

(17)  This Regulation constitutes the necessary legal framework for installing, operating and 
managing  a  communication  infrastructure  for  the  SIS  environment  and  amending 
accordingly the Schengen Convention in respect of matters falling within the scope of 
the EC Treaty. Council Decision 2007/…/JHA of … on the installation, operation and 
management of a communication infrastructure for the SIS environment13 constitutes 
the  necessary  legal  frameworkin  respect  of  matters  falling  within  the  scope  of  the 
Treaty on European Union (the "EU Treaty"). 

(18)  Together  with  Council  Decision  2007/…/JHA14  this  Regulation  constitutes  the  basic 
act  in  the  meaning  of  Article  49  of  the  Council  Regulation  (EC,  Euratom)  No 
1605/2002  of  25  June  2002  on  the  Financial  Regulation  applicable  to  the  general 
budget  of  the  European  Communities15,  allowing  for  the  inclusion  in  the  general 
budget  of  the  European  Union  of  the  necessary  appropriations  for  installation, 
operation  and  management  of  the  communication  infrastructure  and  for  the 
implementation of that part of the budget. 

(19)  The  fact  that  the  legal  framework  required  to  allow  the  installation,  operation  and 
management of the SIS environment communication infrastructure to be financed by 
the  general  budget  of  the  European  Union  consists  of  two  separate  instruments  does 
not  affect  the  principle  that  this  communication  infrastructure  constitutes  one  single 
infrastructure and should operate us such. 

(20)  Since the objectives of the action to be taken, namely the establishment, operation and 
management  of  a  common  communication  infrastructure  for  the  SIS  environment, 
cannot be sufficiently achieved by the Member States and can, therefore, by reason of 
the  scale  and  effects  of  the  action,  be  better  achieved  at  Community  level,  the 
Community  may  adopt  measures  in  accordance  with  the  principle  of  subsidiarity,  as 
set  out  in  Article  5  of  the  EC  Treaty.  In  accordance  with  the  principle  of 
proportionality, as set out in that Article, this Regulation does not go beyond what is 
necessary to achieve those objectives. 

(21)  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  acquis16,  which  fall  within  the  area 

13 
14 
15 
16 

OJ L , , p. . 
OJ L , , p. . 
OJ L 248, 16.09.2002 
OJ L 176, 10.7.1999 

EN 

14 

   EN 

 
                                                 
referred to in Article 1, point G, of Council Decision 1999/437/EC of 17 May 199917 
on certain arrangements for the application of that Agreement. 

(22)  As regards Switzerland, this Regulation constitutes a development of 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 Decision 1999/437/EC read in conjunction with Article 4(1) of Council 
Decisions 2004/849/EC18and 2004/860/EC19. 

(23) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the  European 
Community, Denmark does not take part in the adoption of this Regulation and is 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  Treaty, 
Denmarkshould,  in  accordance  with  Article  5  of  the  said  Protocol,  decide  within  a 
period  of  six  months  after  date  of  the  adoption  of  this  Regulation  whether  it  will 
transpose it in its national law. 

(24)  This  Regulation  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which  the  United  Kingdom  does  not  take  part,  in  accordance  with  Council  Decision 
2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great 
Britain  and  Northern  Ireland  to  take  part  in  some  of  the  provisions  of  the  Schengen 
acquis20.  The  United  Kingdom  is  therefore  not  taking  part  in  its  adoption  and  is  not 
bound by it or subject to its application. 

(25)  This  Regulation  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 
28 February 2002 concerning Ireland's request to take part in some of the provisions of 
the  Schengen  acquis21.  Ireland  is  therefore  not  taking  part  in  its  adoption  and  is  not 
bound by it or subject to its application. 

(26)  As it is essential for the type of services provided by SISNET to be guaranteed beyond 
November  2008  and  for  the  Commission  can  conclude  the  appropriate  contracts  for 
this purpose as soon as possible, as a matter of urgency this Regulation should enter 
into force on the date of its publication. 

17 
18 

19 

20 
21 

OJ L 176, 10.7.1999 
Council  Decision  2004/849/ECof  25  October  2004  on  the  signing,  on  behalf  of  the  European  Union, 
and on the provisional application of certain provisions of the Agreement between the European Union, 
the  European  Community  and  the  Swiss  Confederation  concerning  the  Swiss  Confederation's 
association with the implementation, application and development of the Schengen acquis (OJ L 368, 
15.12.2004, p. 26). 
Council  Decision  2004/860/EC  of  25  October  2004  on  the  signing,  on  behalf  of  the  European 
Community,  and  on  the  provisional  application  of  certain  provisions  of  the  Agreement  between  the 
European  Union,  the  European  Community  and  the  Swiss  Confederation,  concerning  the  Swiss 
Confederation's  association  with  the  implementation,  application  and  development  of  the  Schengen 
acquis (OJ L 370, 17.12.2004, p. 78). 
OJ L 131, 1.6.2000 
OJ L 64, 7.3.2002 

EN 

15 

   EN 

 
                                                 
HAS ADOPTED THIS REGULATION: 

Article 1 
Installation, operation and management of the Communication Infrastructure 

The  Commission  shall  install,  operate  and  manage  a  communication  infrastructure 
providing  networking  and  security  services  for  the  exchange  of  data  between  the 
Technical  Support  Function  and  the  national  sections  of  the  Schengen  Information 
System  (SIS)  and  between  the  SIRENE  laid  down  in  Article  92  of  the  Schengen 
Convention (the “Communication Infrastructure”). 

The Commission shall establish the technical specifications for the Communication 
Infrastructure  taking  into  account  the  technical  specifications  established  by  the 
Deputy  Secretary-General  of  the  Council  on  behalf  of  the  Member  States  for  the 
public procurement procedure launched pursuant to Council Decisions 2007/149/EC 
and 2000/265/EC. 

The  Member  States  and  the  Commission  shall  cooperate  in  the  tasks  referred  to  in 
paragraphs 1 and 2. In particular, Member States shall provide suitable premises to 
host  the  national  access  points  of  the  Communication  Infrastructure  and  ensure 
access to these premises when required by the Commission. 

The Commission shall inform the Council of the date from which the installation of 
the Communication Infrastructure is completed and available for the execution of the 
tests referred to in Article 3. 

The  costs  of  installing,  operating  and  managing  the  Communication  Infrastructure 
shall be borne by the general budget of the European Union.  

1. 

2. 

3. 

4. 

5. 

Article 2 
Use of the IDABC Programme 

The  Commission  shall  take  into  account  Decision  2004/387/EC  (the  IDABC  Decision)  and 
make use of the s-TESTA Framework Contract for the purposes of installing, operating and 
managing the Communication Infrastructure. 

Article 3 
SIS and SIRENE tests on the Communication Infrastructure 

1. 

2. 

3. 

Member States shall carry out the tests necessary to ensure the proper exchange of 
data referred to in Article 1 (1) over the Communication Infrastructure. 

The  Council  shall  be  responsible  for  establishing  the  test  plan  on  the  basis  of  an 
initiative to be prepared by France, in its capacity as the Member State responsible 
for the C.SIS. 

The  Council  shall  coordinate  Member  States'  test  activities  and  validate  the  test 
results and keep the Commission informed. 

EN 

16 

   EN 

 
Article 4 
Migration to the Communication Infrastructure  

1. 

2. 

After notification to the Council by all Member States participating in the SIS of the 
successful  completion  of  the  tests  referred  to  in  Article  3,  the  Council  shall  fix  the 
date  of  the  start  of  the  exchange  of  data  referred  to  in  Article  1  (1)  over  the 
Communication Infrastructure. 

Member  States  shall  undertake  all  the  required  actions  for  the  migration  from 
SISNET  to  the  Communication  Infrastructure  on  the  date  fixed  in  accordance  with 
paragraph 1. 

3. 

The Council shall coordinate the Member States' actions referred to in paragraph 2. 

Article 5 
Execution of operational management tasks by national public sector bodies of Member 
States 

1. 

2. 

The  Commission,  as  from  the  date  referred  to  in  Article  1  (4)  may  contract  the 
execution  of  specific  operational  management  tasks  regarding  security  and 
supervision of the Communication Infrastructure to national public sector bodies. 

The costs incurred by the bodies referred to in paragraph 1 for the execution of the 
tasks referred to in paragraph 1shall be borne by the general budget of the European 
Union. 

Article 6 
Monitoring and evaluation  

The Commission shall produce an overall evaluation of the functioning of the Communication 
Infrastructure  once  it  has  ceased  operations.  The  evaluation  shall  be  performed  in  the 
framework  of  the  overall  evaluation  of  IDABC  horizontal  measures  under  the  IDABC 
Decision. It shall assess in particular the effectiveness and efficiency of the Communication 
Infrastructure in providing the services referred to in Article 1 (1). 

Article 7  
Repeal 

1. 

2. 

Council  Decisions  1999/870/EC,  2000/265/EC  and  2007/155/EC  are  repealed  from 
the  date  to  be  defined  by  the  Council.  The  SISNET  communication  infrastructure 
shall cease operations from the date fixed in accordance with Article 4 (1). 

The  remainder  of  the  budget  established  by  Council  Decision  2000/265/EC,  at  the 
date set in accordance with Article 4 (1), shall be refunded to the Member States. The 
amounts  to  be  repaid  shall  be  calculated  on  the  basis  of  the  contributions  from  the 
Member States as laid down in Article 26 of Council Decision 2000/265/EC. 

EN 

17 

   EN 

 
3. 

The  Member  States  agree  to  transfer  to  the  Commission  any  property  rights, 
including  intellectual  property  rights,  derived  from  the  execution  of  the  agreement 
concluded  pursuant  to  Council  Decision  1999/870/EC  and  Council  Decision 
2000/265/EC  for  the  provision  of  wide  area  networking  and  associated  security 
services in the framework of SISNET from the date referred to in Article 4 (1). 

Article 8 
Amendment of the Schengen Convention 

From  the  date  fixed  in  accordance  with  Article  4  (1),  Article  119  (1),  first  sentence,  of  the 
Schengen Convention is replaced by the following: 

"The  costs  of  installing  and  operating  the  technical  support  function  referred  to  in  Article 
92(3), without the cost of lines connecting the national sections of the Schengen Information 
System to the technical support function, shall be borne jointly by the Contracting Parties." 

Article 9 
Entry into force and applicability 

1. 

2. 

3. 

This  Regulation  shall  enter  into  force  on  the  day  of  its  publication  in  the  Official 
Journal of the European Union and expire on 1 November 2009 or on the date fixed 
by  the  Council  in  accordance  with  Article  55  (2)  of  Regulation  No  1987/2006, 
whichever is earlier. 

The application of this Regulation is subject to notification of the Deputy Secretary-
General  of  the  Council  to  the  Commission  that  no  agreement  or  contract  has  been 
concluded for the provision of networking and security services for the exchange of 
data  referred  to  in  Article  1  (1)  pursuant  to  Council  Decision  2007/149/EC  and 
Council Decision 2000/265/EC. 

The  notification  referred  to  in  paragraph  2  may  take  place  as  from  the  date  of  the 
entry into force of this Regulation and shall be published in the Official Journal of 
the European Union. 

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

Done at Brussels, 

For the Council 
The President 

EN 

18 

   EN 

 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSALS: 

Proposal for a COUNCIL REGULATION relating to the installation, operation and 
management  of  a  communication  infrastructure  for  the  SIS  (Schengen  Information 
system) environment 

Proposal  for  a  COUNCIL  DECISION  relating  to  the  installation,  operation  and 
management  of  a  communication  infrastructure  for  the  SIS  (Schengen  Information 
System) environment 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) and associated Activity/Activities: 

Title 18: Area of freedom, security and justice 

Chapter  18  02:  Solidarity  —  External  borders,  visa  policy  and  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: 

Item 18 02 04 02: Schengen Information System SIS 1+ * 

*Budget line to be created in the PDB 2008 

3.2. 

Duration of the action and of the financial impact: 

2008-2009 

It  is  expected  that  the  proposals  will  be  adopted  in  December  2007  as  a  fallback 
solution  if  the  current  contract  for  the  communication  infrastructure  of  the  SIS 
(SISNET)  cannot  be  renewed.  This  fallback  solution  shall  only  be  a  temporary 
solution. The action will end when the migration to SIS II is completed. 

In  the  SIS  II  planning,  the  migration  to  SIS  II  will  be  completed  by  the  end  of 
December  2008.  The  actual  implementation  of  this  solution  would  cause  delays  in 
the migration to SIS II, of at least six months. Moreover, according to the terms of 
the  s-TESTA  contract,  services  must  be  contracted  for  a  minimum  of  one  year. 
Therefore, this solution should be envisaged for a period of operations of about one 
year, starting operations in November 2008 and ending in 2009. 

The proposals will expire on 1 November 2009 or on the date fixed by the Council 
for the entry into application of SIS II, whichever is earlier. 

EN 

19 

   EN 

 
The duration of the action will be of maximum 1 year and 10 months. Commitments 
will be made in 2008, whereas the payment period will span from 2008 - 2010. 

3.3. 

Budgetary characteristics : 

Budget 
line 

18  02  04 
02 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-
comp 

Diff 

YES 

NO 

NO 

3a 

4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

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

Expenditure type 

Secti
on 
no. 

EUR million (to 3 decimal places) 

Year 
2008 

Year
2009 

Year 
2010 

Total 

Operational expenditure22 

Commitment Appropriations (CA) 

Payment Appropriations (PA) 

8.1. 

A 

B 

7.620 

0 

7.620 

2.500 

3.750  1.370 

7.620 

Administrative expenditure within reference amount23 

Technical & administrative assistance (NDA) 

8.2.4.  C 

- 

- 

TOTAL REFERENCE AMOUNT 

Commitment Appropriations 

Payment Appropriations 

- 

0 

- 

7.620 

a+c  7.620 

b+c

2.500 

3.750  1.370 

7.620 

Human resources and associated expenditure (NDA) 

8.2.5.  D 

0.585 

0.234 

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

TOTAL  CA  including  cost  of  Human 
Resources 

TOTAL  PA  including  cost  of  Human 
Resources 

a+c+
d+e 

b+c+
d+e 

8.2.6.  E 

0.233 

8.438 

0.234 

8.672 

3.318 

3.984 

1.370 

8.672 

0.819 

0.233 

22 
23 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 

EN 

20 

   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 
Agreement24 (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 

2008 2009 2010  [n+3]  [n+4] [n+5]

25 

Prior to
action 
[Year 
n-1] 

a) Revenue in absolute terms 

0.1 

0.1 

0.1 

b) Change in revenue 

 Δ 

The  present  proposals  build  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 acquis. 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”. 

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. 

Annual requirements 

2008 

2009 

Total  number  of  human 
resources 

5 

2 

24 
25 

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 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

The SIS 1+ and SIRENE systems presently operate on the SISNET communications network. 
The current contract for this SISNET network services is managed on behalf of the Member 
States by the Deputy Secretary-General of the Council and is funded jointly by the Member 
States. This SISNET contract is due to expire on 13 November 2008. 

On the other hand SIS II, developed as a replacement for SIS 1+, will not become operational 
for the Member States using the SIS 1+ until 17 December 2008. 

Therefore,  action  must  be  taken  to  guarantee  a  network  service  for  the  SIS  1+  between  13 
November 2008 and the date of SIS II becoming operational. 

5.2. 

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

The maintenance of the Schengen area of free movement without border controls is dependent 
on  the  guaranteed  continuous  and  secure  operation  of  a  communication  network  for  the 
systems in the Schengen environment. 

It would be very difficult to maintain the area without border controls for any length of time 
without the operation of the Schengen Information System. In February 2007, the Council has 
concluded that the Deputy Secretary-General of the Council should again act on behalf of the 
relevant Member States to issue a call for tenders to renew the SISNET contract in order to 
ensure that the service will be available after November 2008. However, given the Council's 
analysis  of  the  risks  inherent  with  any  procurement  process,  the  Council  has  decided  that  it 
must have an alternative network solution available for the Schengen systems. 

The Council has therefore invited the Commission to make proposals as soon as possible to 
provide  for  the  possibility  of  migrating  the  SIS  1+  to  the  s-TESTA  network,  a  secure 
communications  network  which  is  provided  under  a  Framework  Contract  concluded  by  the 
Commission. 

5.3. 

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

The overall objective is to establish the possibility for the Commission to fund and manage 
the  communication  infrastructure  for  SIS  1+  as  a  temporary  fallback  solution,  if  SISNET 
cannot be prolonged. 

This fallback solution to be funded by the general budget of the EU must be implemented and 
be operational at the latest on 13 November 2008, the date of expiry of the current SISNET 
contract. 

Action 1: Installation and testing of the s-TESTA network for SIS 1+ 

A specific contract will be signed within the s-TESTA framework contract. The new 
network will be set up as a separate virtual private network, but will use parts of the 
SIS  II  physical  network  infrastructure  where  possible.  Furthermore,  external 
expertise is necessary, in particular for security and network issues, as well as high 
quality  external  assistance  for  follow  up,  testing  and  coordination  with  Member 
States. 

EN 

22 

   EN 

 
Indicator: network ready for operations by October 2008 

Action 2: Migration of the SIS 1+ users to the new network on s-TESTA 

If Member States are not able to migrate on time to SIS II and cannot continue on the 
existing SISNET, the migration from the SISNET network to the s-TESTA interim 
network is needed. The date of migration will be decided by the Council. 

This  action  will  imply  migration  costs.  Due  to  the  limited  internal  resources,  high 
quality external assistance will be used for follow up and coordination with Member 
States. 

Indicator: All SIS 1+ users migrated 

Action 3: SIS 1+ s-TESTA Network operations 

If  the  alternative  interim  network  solution  has  to  be  used,  costs  for  operations  are 
foreseen. 

Indicator: network operational with all SIS 1+ Member States by November 2008 

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  may  be  attributed  to  national  public  sector  bodies  through  a 
service contract, in order to finance the operations of the network. 

EN 

23 

   EN 

 
6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

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. 

The monitoring will be done via an external support contractor for quality assurance. 

The Commission will report the results of this monitoring in its Annual Activity Report. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

The ex-ante evaluation has been included in the impact assessment 

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 

The  Commission  shall  produce  an  overall  evaluation  of  the  functioning  of  this 
communication infrastructure once it has ceased operations. This evaluation shall be 
performed in the framework of the overall evaluation of IDABC horizontal measures 
and assess in particular the effectiveness and efficiency of this new communication 
infrastructure in providing the SIS 1+ network services. 

7. 

ANTI-FRAUD MEASURES 

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

EN 

24 

   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 

Commitment appropriations in EUR million (to 3 decimal places) 

2008 

2009 

2010 

2011 and later 

TOTAL 

No. 
output
s 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
output
s 

Total 
cost 

OPERATIONAL  OBJECTIVE:  The  Commission  funds  and 
manages the communication infrastructure for SIS 
1+ as a temporary fallback solution 
Action  1:  Installation  and  testing  of  the  sTesta 
network for SIS 1+ 

Action  2  Migration  of  the  SIS  1+  users  to  the  new 
network on sTesta 

Action 3 SIS 1+ sTesta Network operations 

virtual 
private 
network  and 
national 
access points 
External 
expertise  and 
quality 
assurance 

network 
migration 
External 
expertise  and 
quality 
assurance 

network 
costs 
External 
monitoring 
and  quality 
assurance 

TOTAL COST 

EN 

1.650 

0.200 

0.520 

0.200 

4.900 

0.150 

7.620 

1.650 

0.200 

0.520 

0.200 

4.900 

0.150 

7.620 

25 

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) 

2008 

2009 

2010 

2011 

2012 

2013 

Officials or 
temporary 
staff26 (XX 01 
01) 

A*/AD 

5 

2 

B*, 
C*/AST 

Staff  financed27  by  art. 
XX 01 02 

Other  staff28  financed by 
art. XX 01 04/05 

TOTAL 

5 

2 

8.2.2.  Description of tasks deriving from the action 

Project management; 
Technical management;  
Evaluation and reporting; 
Public procurement, contract and financial management. 

8.2.3. 

Sources of human resources (statutory) 

(cid:133) 

(cid:133) 

(cid:133) 

X 

(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 

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

Expenditure on administrative management) 

NA 

26 
27 
28 

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 

26 

   EN 

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

amount 

Type of human resources 

2008 

2009 

2010 

2011 

2012 

2013 

EUR million (to 3 decimal places) 

Officials  and  temporary  staff 
(XX 01 01) 

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

(specify budget line) 
of  Human 
Total 
cost 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

0.585 

0.234 

0.585 

0.234 

Calculation– Officials and Temporary agents 

117.000 (person/year) 

Calculation– Staff financed under art. XX 01 02 

NA 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
2008 

Year 
2009 

Year 
2010 

Year 
n+3 

Year 
n+4 

Year 
n+5 
and 
later 

TOTAL 

0.081 

0.120 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees29  

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 nature  

of 

an 

0.032 

Specific training on s-Testa network 
Budget line XX 01 02 11 06 
Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

expenditure, 
than  human  resources  and 
in 

included 

0.233 

0.233 

29 

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

EN 

27 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Missions include visits to all 27 Member States in SIS 1+ for 2 persons (0.081 mEUR) 

Meetings  covers  all  meetings  with  Member  States  and  other  experts  to  be  organised  by  the 
unit on a regular basis during the installation and testing phase of the s-Testa network for SIS 
1+  (12  meetings  planned).  Note  that  the  costs  will  be  higher  if  travel  costs  for  MS  experts 
need to be reimbursed. 

Specific  training  needs  on  the  s-Testa  network  for  SIS1+  are  to  be  provided  by  the  s-Testa 
provider for 4 Commission staff (0.032 mEUR). 

Calculation - Other administrative expenditure not included in reference amount 

EN 

28 

   EN