Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)
Date: 2008-02-18
Institutions: Council of the European Union
Subjects: Schengen Information System, data processing, exchange of information, public safety, technical standard, testing

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 189/2008

of 18 February 2008

on the tests of the second generation Schengen Information System (SIS II)

THE COUNCIL OF THE EUROPEAN UNION,

(2)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2424/2001 of
6 December 2001 on the development of
second
generation Schengen Information System (SIS II) (1), and in
particular Article 4(c) and Article 5(3) thereof,

the

(3)

Having regard to the proposal from the Commission,

Whereas:

The second generation Schengen Information System (SIS
II) was established by Regulation (EC) No 1987/2006 of
the European Parliament and of the Council (5) and by
Council Decision 2007/533/JHA of 12 June 2007 (6) on
the establishment, operation and use of
the second
generation Schengen Information System. This Regu-
lation is without prejudice to those texts,
including
their final provisions.

Those final provisions define the conditions that will
allow the Council, acting by the unanimity of
its
Members representing the Governments of the Member
States participating in SIS 1+, to fix the date of appli-
cation of those texts. They provide,
inter alia, that the
Commission declares the successful completion of a
comprehensive
referred to in
Article 55(3)(c) of Regulation (EC) No 1987/2006 and
Article 71(3)(c) of Decision 2007/533/JHA, which shall
be conducted by the Commission together with the
Member States, and the preparatory bodies of
the
Council validate the proposed test result and confirm
least
that
equivalent to that achieved with SIS 1+.

the level of performance of SIS II

test of SIS II,

is at

as

(1)

pursuant

Regulation

The development of
the second generation Schengen
Information System (SIS II) has been entrusted to the
Commission
(EC) No
to
2424/2001 and Council Decision 2001/886/JHA of
6 December 2001 on the development of the second
generation Schengen Information System (SIS II) (2).
The network requirements for SIS II development are
established by Commission Decision 2007/170/EC of
16 March 2007 laying down the network requirements
for the Schengen Information System II (first pillar) (3)
and
of
16 March 2007 laying down the network requirements
for the Schengen Information System II (third pillar) (4).

Commission Decision

2007/171/EC

by

(4)

It is understood that this Regulation should be comple-
mented by the adoption in the future of the appropriate
legislation to regulate,
the organisation and
in detail,
coordination of a SIS II comprehensive test, which
should be executed in full cooperation between the
Member States and the Commission. The CS-SIS should
remain the sole responsibility of the Commission.

(1) OJ L 328, 13.12.2001, p. 4. Regulation as amended by Regulation
(EC) No 1988/2006 (OJ L 411, 30.12.2006, p. 1), corrected by OJ
L 27, 2.2.2007, p. 3.

(2) OJ L 328, 13.12.2001, p. 1. Decision as amended by Decision
2006/1007/JHA (OJ L 411, 30.12.2006, p. 78), corrected by OJ
L 27, 2.2.2007, p. 43.
(3) OJ L 79, 20.3.2007, p. 20.
(4) OJ L 79, 20.3.2007, p. 29.

(5)

It is necessary to conduct tests in order to assess whether
SIS II can work in accordance with the technical and
functional requirements as defined in the SIS II
legal
instruments.

(5) OJ L 381, 28.12.2006, p. 4.
(6) OJ L 205, 7.8.2007, p. 63.

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Tests should also assess non-functional
such as robustness, availability and performance.

requirements

(13)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

is necessary for the Commission to test

It
the
Central SIS II can be connected to the national systems
of the Member States, whereas Member States partici-
pating in SIS 1+ should make the necessary technical
arrangements to process SIS II data and exchange supple-
mentary information.

that

It is necessary to clarify further the tasks to be performed
by the Commission and the Member States with regard
to the completion of certain SIS II tests.

It is necessary to set out the requirements for the defi-
nition, development and application of the test specifi-
cations and how the tests should be validated.

SIS II can become operational only when all Member
States
fully participating in SIS 1+ have made the
necessary arrangements to process SIS II data. Cases
where a Member State considers that tests could not be
successfully completed should therefore be documented.

The Committee assisting the Commission during the
development of SIS II, and referred to in Article 5 of
Regulation (EC) No 2424/2001, has not delivered a
the
favourable opinion on the draft measures of
Commission in implementation of Article 4(c) of Regu-
lation (EC) No 2424/2001.
In accordance with
Article 5(3) of Regulation (EC) No 2424/2001 read in
conjunction with Article 5(6) of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures for
conferred on the Commission (1),
the Commission
therefore submitted to the Council a proposal relating
taken and informed the
to the measures
European Parliament.

the exercise of

to be

establishing

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
the
European Community, Denmark is not taking 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
the Treaty establishing the
Title IV of Part Three of
European Community, Denmark shall,
in accordance
the said Protocol, decide, within a
with Article 5 of
period of six months after the adoption of this Regu-
lation, whether it will implement it in its national law.

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

take part,

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

the Schengen acquis (2);

(14)

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 acquis (3);
Ireland is therefore not taking part in its adoption and is
not bound by it or subject to its application.

(15)

This Regulation is without prejudice to the arrangements
for the United Kingdom’s and Ireland’s partial partici-
pation in the Schengen acquis as respectively defined by
the Decisions 2000/365/EC and 2002/192/EC.

(16) As

a

of

of

Iceland

regards

provisions

development

and Norway,

this Regulation
constitutes
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 (4), which fall within the area referred
to in Article 1, point G, of Council Decision
1999/437/EC (5) on certain arrangements for the appli-
cation of that Agreement.

(17) As regards Switzerland,

Union,

the Agreement
the

this Regulation constitutes a
development of the provisions of the Schengen acquis
concluded
within the meaning of
between
European
European
the
Community and the Swiss Confederation concerning
the Swiss Confederation with the
the association of
the
implementation, application and development of
Schengen acquis (6), which falls within the area referred
to in Article 1, point G, of Decision 1999/437/EC read
in conjunction with Article 3 of Council Decisions
2008/149/JHA (7)
the
the
conclusion of
European Union and on behalf of
the European
Community,

on
that Agreement on behalf of

2008/146/EC (8)

and

(2) OJ L 131, 1.6.2000, p. 43.
(3) OJ L 64, 7.3.2002, p. 20.
(4) OJ L 176, 10.7.1999, p. 36.
(5) OJ L 176, 10.7.1999, p. 31.
(6) OJ L 53, 27.2.2008, p. 52.
(7) OJ L 53, 27.2.2008, p. 50.
(8) OJ L 53, 27.2.2008, p. 1.

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HAS ADOPTED THIS REGULATION:

Article 1

II), in particular their scope and objectives, their requirements
and their process shall be as set out in the Annex.

The specifications relevant to certain SIS II tests related to the
Central SIS II, the communication infrastructure and the inter-
actions between Central SIS II and the national systems (N.SIS

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaty establishing the European Community.

Done at Brussels, 18 February 2008.

For the Council
The President

D. RUPEL

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ANNEX

1.

SCOPE OF SIS II TESTS

Certain SIS II tests referred to in this Regulation shall demonstrate that Central SIS II, the communication infra-
structure and the interactions between Central SIS II and the national systems (N.SIS II) (except those of Bulgaria and
Romania) (1) work in accordance with the technical and functional requirements set out
legal
instruments.

in the SIS II

These SIS II tests shall also demonstrate that Central SIS II, the communication infrastructure and the interactions
between Central SIS II and the national systems (N.SIS II) can work in accordance with non-functional requirements
such as robustness, availability and performance.

2.

PROCESS DETAILED SCOPE AND ORGANISATION OF SIS II TESTS

The sequence of tests, their objective, scope and organisation shall be articulated as follows.

The first phase of tests shall address testing of the connectivity and resilience of the SIS II communication infra-
structure.

The second phase of tests shall address testing of the Central SIS II without N.SIS II.

The third phase of tests shall address testing of the Central SIS II with some N.SIS II and testing of the compliance of
each national system with the specifications described in the reference version of the Interface Control Document
(ICD).

The Test Advisory Group (2) established by the SIS II Committee is competent to report on the results of the tests to
the SIS II Committee. The Test Advisory Group shall
identify, categorise and describe any issue it detects and
propose options for solutions. The Commission services and the Member States’ experts shall provide all necessary
information for the Test Advisory Group to perform its task.

2.1. Test documentation

The Commission shall define the detailed specifications of the tests. The Commission shall make available to the
Member States involved the draft and finalised test specifications and the provisions for the management and
coordination of the tests within a schedule agreed with the Member States’ experts.

2.2. Coordination of the tests

All tests set out in the test documentation shall be coordinated by the Commission. For doing so the Commission
shall work in close cooperation with the Test Advisory Group.

2.3. Running the tests

The Commission shall execute the tests, together with the Member States involved on the basis of the test
specifications and in accordance with the schedule agreed by the Commission together with Member States’
experts, and demonstrate that the test results are as foreseen in the test specifications.

For the N.SIS II compliance tests, each Member State, with the support of the Commission, shall be responsible for
running and ensuring the smooth performance of the tests within the agreed schedule.

2.4. Acceptance of the tests

The Test Advisory Group shall report on the results of certain SIS II tests to the SIS II Committee. The Test Advisory
Group shall identify, categorise and describe any issue it detects and propose options for solutions. The Commission
services and the Member States experts shall provide all necessary information for the Test Advisory Group to
perform its task.

The Commission will decide on the successful completion of certain SIS II tests, taking into account the views
expressed by Member States experts within the framework of SIS II Committee.

(1) As regards other Member States not participating in SIS 1+ like Cyprus, their participation in the SIS II tests referred to in this

Regulation is without prejudice to any future Council Decision on the full application of the SIS II.

(2) The Test Advisory Group, created on 27 April 2007 according to Article 7 of the Rules of Procedure of the SIS II Committee, reports

to the SIS II Committee. It reports after the completion of each test part to help preparing the acceptance of SIS II tests.

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Where the tests documentation divides the tests into separate phases the Commission shall inform Member States of
the results of each phase before the start of the following phase.

The acceptance of the N.SIS II compliance tests will be based on a report, prepared by an expert appointed by the
Member States, containing a detailed analysis of the test results and conclusions as to the validation of the Member
States’ national systems.

If a Member State considers that tests could not be successfully completed, this should be noted in the report.

2.5. Tests of the communication infrastructure

The objective of this test exercise shall be to demonstrate that the communication infrastructure of SIS II up to the
uniform national
interface (NI-SIS) can work in accordance with the requirements laid down in Decisions
2007/170/EC and 2007/171/EC. The scope of this test exercise includes testing the connectivity and the resilience
of the SIS II communication infrastructure between CS-SIS and each NI-SIS, between the CS-SIS and backup CS-SIS
as well as the resilience of the Local National Interfaces (LNI) and, where applicable, the Back-up Local National
Interfaces (BLNI).

2.6. Central SIS II and national compliance tests

The objective of the whole set of Central SIS II tests shall be to test that the Central SIS II meets the functional and
non-functional specifications defined in the reference version of the ICD (Interface Control Document) and the DTS
(Detailed Technical Specifications).

The objective of the N.SIS II Compliance test shall be to ensure the compatibility of each N.SIS II with the CS-SIS
and to verify the compliance of the National Systems with the reference version of the Interface Control Document.
The compliance tests for the N.SIS II may run in parallel with the tests of the Central SIS II.

After the successful completion of certain SIS II tests, the Commission shall inform Member States’ experts within
the framework of the SIS II Committee that the test results of the communication infrastructure and of the Central
SIS II tests are as foreseen in the test specifications.

After the successful completion of certain SIS II tests, the Commission shall set up a migration environment for the
Central SIS II. This environment shall be stable and suitable to be used for migration.

3.

REFERENCE VERSIONS OF THE INTERFACE CONTROL DOCUMENT (ICD) AND DETAILED TECHNICAL
SPECIFICATION (DTS) FOR TESTING

The Central SIS II and the national systems (N.SIS II) in each of the Member States shall be tested against the same
specifications.

The DTS prepared by the Commission shall define the functional and non-functional specifications of the Central
SIS II.

The ICD prepared by the Commission shall define the interface between the Central SIS II and the national systems.
It shall contain the technical specifications of the system-to-system interactions in terms of data items and messages
passed, protocols used as well as timing and sequencing of events.

Specifications, as provided in the ICD and DTS, shall be stable for a given period and the timing of the update of
both systems shall be laid down in a release plan that shall define the reference version for a given test phase. Issues
found during the test campaigns shall be reported, analysed and solved in accordance with a release management
plan and associated change management plan. The release management plan and associated change management
plan shall be made available by the Commission, taking into account the opinion of Member States’ experts.

4.

INTERIM AND FINAL REPORT ON THE RESULTS OF THE TEST PHASES

The Commission shall draw up, on a regular basis, reports on the status of the tests. The reports shall note which
test phase is currently being dealt with and which Member States have completed, begun or not yet begun that
phase. If any repercussions for the project timetable are noticeable, they and their cause should be recorded.

On conclusion of each test phase the Commission shall draw up a report on the results, any issue it detects and
options for solutions. In cases where a Member State considers that tests could not be successfully completed it shall
record this fact, stating the reasons, in a note for the minutes.