Proposal for a Council Decision on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)
Date: 2008-04-16
Institutions: European Commission
Subjects: Schengen Information System, data processing, exchange of information, public safety, technical specification

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.4.2008 
COM(2008) 196 final 

2008/0077(CNS) 

Proposal for a 

COUNCIL DECISION 

on migration from the Schengen Information System (SIS 1+) to the second generation 
Schengen Information System (SIS II) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. Context of the proposal 

● Grounds for and objectives of the proposal 

The objective of this proposal, and a proposal for a Council Regulation on the same subject, is 
to  establish  the  legal  framework  governing  the  migration  from  the  Schengen  Information 
System  in  its  current  form  (SIS  1+)  to  the second  generation Schengen  Information System 
(SIS II).  

● General context 

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  France  on  the  gradual  abolition  of  checks  at  their  common  borders  (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. 

The  development  of  the  second  generation  of  SIS  (SIS  II)  has  been  entrusted  to  the 
Commission  pursuant  to  Council  Regulation  (EC)  No  2424/2001  and  Council  Decision 
2001/886/JHA of 6 December 2001 on the development of the second generation Schengen 
Information  System  (SIS  II).  SIS  II  will  replace  SIS  1+.  The  SIS  II  development  takes  into 
account  the  latest  developments  in  the  field  of  information  technology  and  allows  the 
introduction of added functionalities. 

Provisions on the establishment, operation and use of SIS II are laid down in Regulation (EC) 
No. 1987/2006 of the European Parliament and of the Council1 of 20 December 2006 on the 
establishment, operation and use of the second generation Schengen Information System (SIS 
II) and Council Decision 2007/533/JHA2 of 12 June 2007 on the establishment, operation and 
use  of  the  second  generation  Schengen  Information  System  (SIS  II).  These  instruments 
foresee that they will apply to the Member States participating in SIS 1+ only as of dates to be 
fixed by the Council, acting by the unanimity of its Members representing the governments of 
the  Member  States  participating  in  SIS  1+.  They  will  then  replace  the  provisions  of  the 
Schengen  acquis  governing  SIS  1+,  in  particular  the  relevant  provisions  in  the  Schengen 
Convention. 

Before this can happen, the users of the SIS 1+ will have to migrate to the SIS II environment. 
It is therefore necessary to define a legal framework for the migration from SIS 1+ to the SIS 
II environment. In order to reduce the risks of service disruption during migration an interim 
technical  architecture  for  the  operations  of  SIS  1+  will  allow  SIS  1+  and  certain  technical 
parts of the architecture of SIS II to operate in parallel for a transitional period. The migration 
period should be kept very limited. 

● Existing provisions in the area covered by the proposal 

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2 

OJ L 381, 28.12.2006, p. 4. 
OJ L 205, 7.8.2007, p. 63. 

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-  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  France  on  the  gradual  abolition  of  checks  at  their  common  borders3  (the 
Schengen Convention); 

-  Council  Regulation  (EC)  No  2424/2001  of  6  December  2001  on  the  development  of  the 
second generation Schengen Information System (SIS II)4 as amended by Council Regulation 
(EC) 1988/2006 of 21 December 20065; 

-  Council  Decision  2001/886/JHA  of  6  December  20016  on  the  development  of  the  second 
generation  Schengen  Information  System  (SIS  II)  as  amended  by  Council  Decision 
2006/1007/JHA of 21 December 20067; 

-  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) ; 

-  Council  Decision  No  2007/533/JHA  of  12  June  2007  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 
certificates8;  

- Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down 
the network requirements for the Schengen Information System II9; 

- Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second 
generation Schengen Information System (SIS II)10; 

-  Council  Decision  2008/173/EC  of  18  February  2008  on  the  tests  of  the  second 
generation Schengen Information System (SIS II)11. 

● Consistency with other policies and objectives of the Union 

Not applicable. 

3 

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11 

OJ L 239, 22.9.2000, p. 19. Convention as last amended by Council Decision 2007/533/JHA of 12 June 
2007 (OJ L 205, 7.7.2007, p. 63) 
OJ L 328, 13.12.2001, p. 4. 
OJ L 411, 30.12.2006, p. 1. 
OJ L 328, 13.12.2001, p. 1. 
OJ L 411, 30.12.2006, p. 78. 
OJ L 381, 28.12.2006, p. 1. 
OJ L 79, 20.3.2007, p. 20 and OJ L 79, 20.3.2007, p. 29. 
OJ L 57, 1.3.2008, p. 1.  
OJ L 57, 1.3.2008, p. 14. 

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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 SIS II, in particular in the 
framework of the SIS II Committee. On 13 September 2007 an advisory working group (the 
Migration  Working  Group)  was  established  by  the  SIS  II  Committee  to  examine  specific 
issues  regarding  the  SIS  II  migration.  The  issues  identified  for  the  different  migration 
scenarios  were  studied  with  input  and  participation  from  all  involved  parties.  The  resulting 
evaluation  therefore  comprehensively  described  the  strategy,  planning  and  task  distribution 
for the SIS 1+ to SIS II migration.  

In  addition,  at  its  meeting  of  28  February  2008,  the  Council  invited  the  Commission  to 
present,  without  delay,  the  legal  proposals  to  allow  for  the  inclusion  in  the  budget  of  the 
European  Union  all  activities  in  2009  for  the  SIS  II,  including,  if  necessary,  further 
development  activities  and  to  govern  the  SIS  II  activities  foreseen  up  to  the  start  of  its 
operations.  The  Commission  was  also  invited  to  provide  a  converter,  to  be  used  for  a  very 
limited period of time, linking SIS 1+ and SIS II to ensure that SIS can continue functioning 
in any scenario.  

Summary of responses and how they have been taken into account 

The  present  proposal  takes  into  account  the  result  of  extensive  discussions  with  Member 
States, especially in the framework of the SIS II Committee.  

● Collection and use of expertise 

External expertise was not used to prepare this proposal. 

● Impact assessment 

No  Impact  Assessment  is  required  for  this  proposal  for  a  Council  Decision  which  is  not 
included in the Commission's Annual Legislative and Work Programme (CLWP).  

3. Legal elements of the proposal 

● Summary of the proposed action 

The  objective  of  the  present  proposal  is  to  establish  the  legal  framework  governing  the 
migration  from  SIS  1+  to  SIS  II,  including  a  comprehensive  test,  with  a  view  to 
demonstrating,  in  particular,  that  the  level  of  performance  of  SIS  II  is  at  least  equivalent to 
that  achieved  with  SIS  1+.  Furthermore,  it  intends  to  regulate  the  test  on  exchange  of 
supplementary information. 

The  proposal  also  amends  the  Schengen  Convention  by  setting  up  an  interim  migration 
architecture  for  the  operations  of  SIS  1+  during  a  transitional  period  until  the  migration 
process is completed.  

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To  this  end,  the  proposal  defines  an  interim  Schengen  Information  System  architecture  and 
lays  down  the  tasks  and  responsibilities  for  its  development  as  well  as  the  tasks  and 
responsibilities during the migration process.  

The technical architecture will allow the current central system of SIS 1+ (C.SIS), as referred 
to  in  Article  92  of  the  Schengen  Convention,  to  remain  in  operation  during  a  transitional 
period.  

Beyond  the  availability  of  SIS  1+  and  of  the  Central  SIS  II,  a  technical  tool  (a  'converter') 
allowing  for  the  successful  exchange  of  SIS  data  between  SIS  1+  and  SIS  II  will  be  made 
available during the interim period, to be used for a very limited period of time  

Some elements of the interim architecture will be made available by the Member States, some 
by  France  acting  on  behalf  of  the  Member  States,  and  others  by  the  Commission.  The 
Commission has the possibility to contract the execution of certain tasks to, amongst others, 
national public bodies. The Commission  and the Member States must closely collaborate in 
the development and operation of the technical elements for the SIS interim architecture.  

Finally, the present proposal covers all maintenance and further development activities of the 
Central SIS II, the communication infrastructure and the national systems (N.SIS II) that will 
prove necessary during the period of its application.  

● Legal basis 

The legal bases for this Decision are Articles 30(1) (a) and (b), 31(1)(a) and (b) and 34(2) (c) 
of  the  Treaty  on  European  Union  as  it  concerns  operational  cooperation  between  the 
competent  authorities  of  Member  States  in  relation  to  the  prevention,  detection  and 
investigation of criminal offences, as well as the collection, storage, processing, analysis and 
exchange  of  relevant  information.  Moreover,  this  proposal  has  to  do  with  facilitating  and 
accelerating cooperation  between competent ministries and judicial or equivalent authorities 
of the Member States, including, where appropriate, cooperation through Eurojust. 

● Subsidiarity principle 

The proposal respects the principle of subsidiarity in that the main objective of the proposed 
action, namely the migration from SIS 1+ to SIS II, cannot be achieved by the Member States 
individually.  

● Proportionality principle 

The  present  proposal  does  not  go  beyond  what  is  necessary  to  achieve  its  objective.  It 
complies with the proportionality principle in that the activities of the Commission are limited 
to  the  central  elements  of  SIS  II,  coordination  and  support  activities  and  the  provision  of  a 
technical tool allowing for the successful exchange of SIS 1+ data between SIS 1+ and SIS II 
('converter'). The Member States remain competent as regards the migration of the actual data 
and retain responsibility for the national systems. 

● Choice of instruments 

A Council Decision based on Articles 30(1) (a) and (b), 31(1)(a) and (b) and 34(2) (c) of the 
Treaty on European Union is the most appropriate instrument for the proposed action. The use 
of a decision as the act is warranted in view of the need to apply common rules, in particular 

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in relation to the processing of data in the system. A framework decision is not the appropriate 
instrument because the proposal involves no approximation of the laws of the Member States. 

Owing to the two-pillar nature of SIS II a Council Regulation based on Article 66 of the EC 
Treaty will complement the hereby proposed Council Decision.  

4. Budgetary implications 

Council  Regulation  (EC)  No  2424/2001  and  Council  Decision  2001/886/JHA  on  the 
development  of  the  second  generation  Schengen  Information  System  laid  down  that  the 
expenditure involved in the development of the SIS II is to be charged to the general budget 
of the European Union. 

Likewise, under Article 5 of Regulation (EC) No 1987/2006 of the European Parliament and 
of the Council of 20 December 2006 and under Article 5 of Council Decision No 533/2007 of 
12  June  2007  the  costs  of  setting  up,  operating  and  maintaining  Central  SIS  II  and  the 
communication infrastructure are to be borne by the general budget of the European Union. 
The  costs  of  setting  up,  operating  and  maintaining  each  N.SIS  II  are  to  be  borne  by  the 
Member State concerned. 

In line with this legal framework, the present proposal lays down that the costs arising from 
migration,  the  SIS  II  final  tests,  the  maintenance  and  development  measures  at  the  central 
level (Central SIS II and communication infrastructure) are to be borne by the general budget 
of  the  European  Union.  Testing,  migration,  maintenance  and  development  costs  for  the 
national systems, including N.SIS II, are to be borne by each Member State concerned.  

The costs arising from activities at SIS 1+ level, including supplementary activities of France, 
acting on behalf of the Member States (of SIS 1+), shall be borne in line with Article 119 of 
the Schengen Convention. This article provides that the costs of installing and operating the 
technical  support  function  of  SIS  1+,  as  referred  to  in  Article  92  (3)  of  the  Convention, 
including  the  cost  of  lines  connecting  the  national  sections  of  the  Schengen  Information 
System to the technical  support  function, are  borne jointly by the Member States, while the 
costs of installing and operating the national section of the Schengen Information System are 
borne by each Member State individually. 

The Commission has prepared a financial statement annexed to this proposal. 

5. Additional information 

● Amendment of existing legislation 

The adoption of the proposal will entail the amendment of the Schengen Convention. 

● Review/revision/sunset clause 

The proposal contains a sunset clause. It will expire on the date to be fixed by the Council, 
acting in accordance with Article 71(2) of Decision No 533/2007/JHA. 

● Timetable 

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The present Decision needs to be adopted in October 2008 at the latest in order to ensure the 
continuity of the preparations and the timely execution of activities covered. 

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2008/0077(CNS) 

Proposal for a 

COUNCIL DECISION 

on migration from the Schengen Information System (SIS 1+) to 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 Articles 30(1)(a) and (b), 
31(1)(a) and (b) and 34(2)(c) thereof, 

Having regard to the proposal from the Commission12, 

Having regard to the opinion of the European Parliament13, 

Whereas: 

(1) 

(2) 

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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  borders14  (hereinafter  the  Schengen  Convention),  and  its 
further  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. 

The development of the second generation Schengen Information System (SIS II) has 
been  entrusted  to  the  Commission  pursuant  to  Council  Regulation  (EC)  No 
2424/200115  of  6  December  2001  on  the  development  of  the  second  generation 
Schengen  Information  System  (SIS  II)  and  Council  Decision  2001/886/JHA16  of  6 
December  2001  on  the  development  of  the  second  generation  Schengen  Information 
System (SIS II). Both legal instruments expire on 31 December 2008. This Decision 
supplements  these  instruments  and  should  expire  at  the  date  fixed  by  the  Council 
acting in accordance with Article 71(2) of Council Decision 2007/533/JHA of 12 June 
200717. 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 239, 22.9.2000, p. 19. Convention as last amended by Council Decision 2007/533/JHA of 12 June 
2007 (OJ L 205, 7.7.2007, p. 63). 
OJ L 328, 13.12.2001, p.4. Regulation as amended by Council Regulation (EC) No 1988/2006 (OJ L 
411, 30.12.2006, p. 1). 
OJ  L  328,  13.12.2001,  p.  1.  Decision  as  amended  by  Council  Decision  2006/1007/JHA  (OJ  L  411, 
30.12.2006, p. 78). 
OJ L 205, 7.8.2007, p. 63. 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

SIS  II  was  established  by  Regulation  (EC)  No  1987/2006  on  the  establishment, 
operation  and  use  of  the  second  generation  Schengen  Information  System  (SIS  II)18 
and by Council Decision 2007/533/JHA.  

This  Decision  should  be  without  prejudice  to  Regulation  (EC)  No  1987/2006  and 
Decision  2007/533/JHA  and,  in  particular,  to  the  tasks  and  responsibilities  of  the 
regulatory  committee  established  by  Article  51(2)  and  by  Article  67  thereof, 
respectively. The regulatory committee established under these instruments is, among 
other matters, competent regarding the set-up of protocols and technical procedures to 
ensure the compatibility of national systems with the SIS II technical support function. 

It is necessary to establish the conditions, procedures and responsibilities under which 
the migration from SIS 1+ to SIS II should take place.  

A  SIS  II  comprehensive  test  should  be  executed  in  full  cooperation  between  the 
Member  States  and  the  Commission.  Member  States  should  perform  a  test  on  the 
exchange of supplementary information. 

The  participation  of  Member  States  not  connected  to  SIS  1+  in  the  SIS  II 
comprehensive test and the test on the exchange of supplementary information should 
have no influence on the successful completion of these tests.  

The Commission and Member States should cooperate closely during all steps of the 
migration in order to complete the process. 

As  regards  SIS  1+,  Article  92  of  the  Schengen  Convention  provides  for  a  technical 
support  function  (C.SIS).  As  regards  SIS  II,  Regulation  (EC)  No  1987/2006  and 
Decision 2007/533/JHA provide for a Central SIS II composed of a technical support 
function and a uniform national interface (NI-SIS). The technical support function of 
Central SIS II shall be located in Strasbourg (France) and a back-up in St. Johann im 
Pongau (Austria). 

(10) 

In  order  to  facilitate  the  migration  from  SIS  1+  to  SIS  II  an  interim  migration 
architecture  for  the  Schengen  Information  System  should  be  established  and  tested. 
The  interim  migration  architecture  should  have  no  impact  on  the  operational 
availability of SIS 1+. The technical tools that allow the interim architecture to be set 
up  should  be  provided  by  the  Member  States  participating  in  SIS  1+  and  by  the 
Commission.  

(11)  The  Member  State  issuing  an  alert  should  be  responsible  for  ensuring  that  the  data 
entered into the Schengen Information System is accurate, up-to-date and lawful. 

(12)  The Member States participating in SIS 1+ should migrate from SIS 1+ to SIS II using 
the interim migration architecture, with the support of France, acting on behalf of the 
Member States, and the Commission.  

(13)  The  Commission  is  and  should  remain  responsible  for  the  Central  SIS  II  and  its 
communication  infrastructure.  It  is  necessary  to  maintain  and,  where  appropriate, 
further  develop  the  Central  SIS  II  and  its  communication  infrastructure.  Additional 

18 

OJ L 381, 28.12.2006, p. 4. 

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development of the Central SIS II should at all times include the correction of errors. 
The Commission should provide coordination and support for the joint activities. 

(14)  The  Member  States  are  and  should  remain  responsible  for  their  national  systems 
(N.SIS  II).  It  is  necessary  to  maintain  and,  where  appropriate,  further  develop  the 
N.SIS II. 

(15)  France is and should remain responsible for C.SIS. 

(16)  The Commission has the possibility to contract out to third parties, including national 
public  bodies,  tasks  conferred  upon  it  by  this  Decision  and  tasks  relating  to  the 
implementation of the budget, in accordance with Council Regulation (EC, Euratom) 
No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general 
budget of the European Communities19. 

(17)  Regulation  (EC)  No  45/2001  of  the  European  Parliament  and  of  the  Council  of  18 
December  2000  on  the  protection  of  individuals  with  regard  to  the  processing  of 
personal data by the Community institutions and bodies and on the free movement of 
such data20 applies to the processing of personal data by the Commission. 

(18)  The European Data Protection Supervisor, appointed pursuant to Decision 2004/55/EC 
of the  European  Parliament and of the Council of  22 December 2003 appointing the 
independent  supervisory  body  provided  for  in  Article  286  of  the  EC  Treaty21,  is 
competent  to  monitor  the  activities  of  the  Community  institutions  and  bodies  in 
relation  to  the  processing  of  personal  data.  Articles  126  to  130  of  the  Schengen 
Convention contain specific provisions on the protection of personal data. Article 118 
of  the  Schengen  Convention  contains  specific  provisions  on  the  security  of  personal 
data. 

(19)  Since the objectives of the action to be taken, namely setting up the interim migration 
architecture  and  migrating  the  data  from  SIS  1+  to  SIS  II,  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  the  level  of  the  Union,  it  is  considered  that  the 
adoption of the present measure is in accordance with the principle of subsidiarity, as 
set out in Article 5 of the EC Treaty and referred to in Article 2 of the EU Treaty. In 
accordance  with  the  principle  of  proportionality,  this  Decision  does  not  go  beyond 
what is necessary to achieve those objectives. 

(20)  This Decision respects the fundamental rights and observes the principles recognised 

in particular by the Charter of Fundamental Rights of the European Union. 

(21)  The Schengen Convention should be amended to allow the integration of SIS 1+ into 

the interim migration architecture. 

(22)  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 

19 

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OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 
27.12.2007, p. 9). 
OJ L 8, 12.1.2001, p. 1. 
OJ L 12, 17.1.2004, p. 47. 

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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 acquis22. 

(23) 

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  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 acquis23.  

(24)  This Decision is without prejudice to the arrangements for the United Kingdom's and 
Ireland's  partial  participation  in  the  Schengen  acquis  as  determined  by  the  Council 
Decision 2000/365/EC and Decision 2002/192/EC respectively. 

(25)  As regards Iceland and Norway, this Decision 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  latter's  association  with  the  implementation,  application  and 
development of the Schengen acquis24, 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 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 acquis25. 

(26)  As regards Switzerland, this Decision constitutes a development of the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  between  the  European 
Union,  the  European  Community  and  the  Swiss  Confederation  on  the  Swiss 
Confederation's association with the implementation, application and development of 
the Schengen acquis26, which fall within the area referred to in Article 1, point G of 
Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 
2008/149/JHA27  on  the  conclusion  of  that  Agreement  on  behalf  of  the  European 
Union. 

(27)  As regards Liechtenstein, this Decision constitutes a development of the provisions of 
the Schengen acquis within the meaning of the Protocol between the European Union, 
the  European  Community, 
the  Principality  of 
Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement 
between the European Union, the European Community and the Swiss Confederation 
on  the  Swiss  Confederation’s  association  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 1999 read in conjunction with 
Article 3 of Council Decision 2008/262/EC of 28 February 2008 on the signature, on 

the  Swiss  Confederation  and 

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24 
25 
26 
27 

OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 
OJ L 176, 10.7.1999, p.36. 
OJ L 176, 10.7.1999, p.31. 
OJ L 53, 27.2.2008, p. 52. 
OJ L 53, 27.2.2008, p.50. 

EN 

11 

   EN 

 
                                                 
behalf of the European Union, and on the provisional application of certain provisions 
of  the  Protocol  between  the  European  Union,  the  European  Community,  the  Swiss 
Confederation and the Principality of Liechtenstein on the accession of the Principality 
of  Liechtenstein  to  the  Agreement  between  the  European  Union,  the  European 
Community  and  the  Swiss  Confederation  on  the  Swiss  Confederation's  association 
with the implementation, application and development of the Schengen acquis28. 

(28)  This Decision should apply to the United Kingdom and Ireland on dates determined in 
accordance  with  the  procedures  set  out  in  relevant  instruments  concerning  the 
application of the Schengen acquis to those States, 

HAS DECIDED AS FOLLOWS: 

Article 1 

Subject matter and scope 

This Decision establishes tasks and responsibilities for the migration from SIS 1+ to SIS II, 
including the final SIS II tests.  

Article 2 

Definitions 

For the purposes of this Decision, the following definitions shall apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

'Central SIS II' means the technical support function of SIS II containing a database, 
the 'SIS II database', and a uniform national interface (NI-SIS).  

'C.SIS' means the technical support function of SIS 1+. 

'N-SIS' means the national system of SIS 1+, consisting of the national data systems 
which communicate with C.SIS. 

'N.SIS II' means the national system of SIS II, consisting of the national data systems 
which communicate with Central SIS II.  

'converter'  means  a  technical  tool  to  allow  the  C.SIS  to  communicate  with  Central 
SIS II. 

28 

OJ L 83, 26.3.2008, p. 5 

EN 

12 

   EN 

 
                                                 
Article 3 

Comprehensive test  

The  Member  States  participating  in  SIS  1+,  together  with  the  Commission,  shall 
conduct a comprehensive test. 

The comprehensive test shall facilitate, in particular, the completion by the Member 
States  of  the  necessary  technical  arrangements  to  process  SIS  II  data  and  the 
demonstration  that  the  level  of  performance  of  SIS  II  is  at  least  equivalent  to  that 
achieved with SIS 1+. 

The comprehensive test shall follow a schedule and shall be based on the technical 
specifications  defined  by  the  Member  States,  acting  within  the  Council,  in 
cooperation with the Commission. 

The test results shall be analysed by the Member States, acting within the Council, 
and the Commission. 

Member States not participating in SIS 1+ may participate in the comprehensive test. 

Article 4 

Test on supplementary information  

The Member States participating in SIS 1+ shall conduct a test  on the exchange of 
supplementary information.  

The test on supplementary information shall follow a schedule and shall be based on 
the technical specifications defined by the Member States, acting within the Council, 
in cooperation with the Commission. 

The test results shall be analysed by the Member States, acting within the Council. 

Member  States  not  participating  in  SIS  1+  may  participate  in  the  test  on 
supplementary information. 

Article 5 

Interim migration architecture 

An  interim  SIS  migration  architecture  shall  be  set  up,  connecting  Central  SIS  II, 
C.SIS, N.SIS II and N-SIS for a transitional period. 

The Commission shall provide a converter as part of Central SIS II. France, acting on 
behalf of the Member States participating in SIS 1+, shall connect C.SIS to Central 
SIS II, in cooperation with the Commission. France, acting on behalf of the Member 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

1. 

2. 

EN 

13 

   EN 

 
 
States,  shall  make  available  data,  if  necessary,  to  test  the  interim  migration 
architecture.  

3. 

France, acting on behalf of the Member States, together with the Member States and 
the Commission shall test the interim migration architecture.  

Article 6 

Migration to SIS II 

1. 

2. 

3. 

4. 

1. 

2. 

The Member States participating in SIS 1+ shall migrate from SIS 1+ to SIS II using 
the interim migration architecture, with the support of France acting on behalf of the 
Member States and of the Commission. 

The migration shall follow a schedule defined by Member States, acting within the 
Council.  

France,  acting  on  behalf  of  the  Member  States,  shall  make  available  the  SIS  1+ 
database.  

The Commission shall introduce the SIS 1+ database into Central SIS II. 

Article 7 

Maintenance and development 

The  Commission  shall  maintain  and,  where  necessary,  further  develop  the  Central 
SIS II and the communication infrastructure, including the correction of errors. 

The  Member  States  shall  maintain  and,  where  necessary,  further  develop  their 
N.SIS II. 

Article 8 

Cooperation 

The  Member  States  and  the  Commission  shall  cooperate,  at  all  stages  of  the  migration,  in 
order to complete the process. 

Article 9 

Keeping of records in Central SIS II 

1. 

Without  prejudice  to  the  provisions  of  Title  IV  and  Title  VI  of  the  Schengen 
Convention, the Commission shall ensure that every access to and all exchanges of 
personal data within Central SIS II are recorded for the purposes of checking whether 
or not the search is lawful, monitoring the lawfulness of data processing and ensuring 
the proper functioning of Central SIS II  and of national  systems, data integrity and 
security. 

EN 

14 

   EN 

 
2. 

3. 

4. 

5. 

1. 

2. 

3. 

The  records  shall  show,  in  particular,  the  date  and  time  at  which  the  data  were 
transmitted,  the  criteria  used  to  perform  searches,  the  reference  to  the  data 
transmitted  and  the  name  of  the  competent  authority  responsible  for  processing  the 
data. 

The records may only be used for the purposes referred to in paragraph 1 and shall be 
deleted three years after their creation.  

Records may be kept longer if they are required for monitoring procedures that are 
already underway. 

The competent authorities for checking whether or not a search is lawful, monitoring 
the lawfulness of data processing and ensuring the proper functioning of Central SIS 
II, data integrity and security, shall have access, within the limits of their competence 
and at their request, to those records for the purpose of fulfilling their tasks. 

Article 10 

Costs 

The costs arising from migration, the comprehensive test, the test on supplementary 
information,  maintenance  and  development  measures  at  Central  SIS  II  level  or 
concerning the communication infrastructure shall be borne by the general budget of 
the European Union.  

The  costs  arising  from  migration,  testing,  maintenance  and  development  of  the 
national systems shall be borne by each Member State concerned.  

The costs arising from activities at SIS 1+ level, including supplementary activities 
of  France,  acting  on  behalf  of  the  Member  States  participating  in  SIS  1+,  shall  be 
borne in accordance with Article 119 of the Schengen Convention.  

The Schengen Convention is amended as follows.  

Article 11 

1. The following Article is inserted: 

"Article 92 A 

1. 

(a) 

(b) 

(c) 

(d) 

As  from  the  entry  into  force  of  Council  Regulation  (EC)  No  …/2008  and  Council 
Decision  No  …/2008/JHA  the  technical  architecture  of  the  Schengen  Information 
System may be supplemented by: 

a Central SIS II including a converter; 

a technical connection between the technical support function and Central SIS II; 

a national system of the second generation Schengen Information System (N.SIS II); 

an infrastructure for communication between Central SIS II and the national systems. 

EN 

15 

   EN 

 
2. 

3. 

4. 

The N.SIS II may replace the national section referred to in this Convention in which 
case the Member States need not hold a national data file.  

In  case  any  of  the  Member  States  replace  their  national  section  by  N.SIS  II,  the 
obligations  for  the  technical  support  function  towards  the  national  sections  as 
mentioned in Article 92(2) and (3) become obligations towards Central SIS II. The 
Central  SIS  II  shall  provide  the  services  necessary  for  the  entry  and  processing  of 
SIS data. 

France,  acting  on  behalf  of  the  Member  States,  the  Member  States  and  the 
Commission shall cooperate to ensure that a search in the data files of N.SIS II or in 
the SIS II database produces a result equivalent to that of a search in the data file of 
the national sections referred to in Article 92 (2)." 

2. In Article 119 first paragraph, the first sentence is replaced by the following: 

"The  costs  of  installing  and  operating  the  technical  support  function  referred  to  in  Article 
92(3), including the cost of lines connecting the national sections of the Schengen Information 
System to the technical support function, and of activities performed in conjunction with tasks 
conferred  upon  France,  acting  on  behalf  of  Member  States  participating  in  SIS  1+  in 
application  of  Council  Decision  (JHA)  No  …/2008/JHA,  by  Council  Regulation  (EC)  No 
…/2008 and Council Decision (JHA) No …/2008/JHA shall be borne jointly by the Member 
States." 

3. In Article 119, the second paragraph is replaced by the following: 

"The  costs  of  installing  and  operating  the  national  section  of  the  Schengen  Information 
System  and  of  tasks  conferred  upon  national  systems  under  Council  Regulation  (EC)  No 
…/2008  and  Council  Decision  No  …/2008/JHA  shall  be  borne  by  each  Member  State 
individually." 

Article 12 

Entry into force and applicability 

This Decision shall enter into force on the third day following its publication in the Official 
Journal of the European Union. It shall expire on the date to be fixed by the Council, acting 
in accordance with Article 71(2) of Decision No 533/2007/JHA.  

Done at Brussels, […] 

For the Council 
The President 
[…] 

EN 

16 

   EN 

 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL 

This statement accompanies two legislative proposals: 

Proposal for a Council Regulation on migration from the Schengen Information System 
(SIS 1+) to the second generation Schengen Information System (SIS II)  

Proposal  for  a  Council  Decision  on  migration  from  the  Schengen  Information  System 
(SIS 1+) to the second generation Schengen Information System (SIS II)  

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned 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 : 

18.02.04 01 – Schengen Information System (SIS II) 

3.2. 

Duration of the action and of the financial impact: 

The  commitment  appropriations  are  foreseen  for  2009  within  the  envelope 
programmed  to  cover  the  funding  of  large-scale  IT  systems.  The  development 
activities related to migration of data from SIS 1+ to SIS II will be undertaken to 
a  large  extent  in  2008.  The  execution  activities  within  the  scope  of  this 
Regulation are scheduled primarily for 2009. The payments are expected to be 
executed in 2009. 

EN 

17 

   EN 

 
3.3. 

Budgetary characteristics (add rows if necessary) : 

Budget 
line 

18  02  04 
01 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-
comp 

Diff29/30 

NO 

NO 

NO 

3a 

29 
30 

Differentiated appropriations. 
Non-differentiated appropriations hereafter referred to as NDA. 

EN 

18 

   EN 

 
 
 
                                                 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

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

EUR million (to 3 decimal places) 

Section 
no. 

Expenditure type 

2008 

2009 

2010 

Total 

Operational expenditure 

Commitment 
Appropriations (CA) 

8.1 

Payment  Appropriations 
(PA) 

a 

b 

9,350 

9,350 

9,350 

9,350 

Administrative expenditure within reference amount 

Technical 
& 
administrative  assistance 
(NDA) 

8.2.4 

c 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

Commitment 
Appropriations 

Payment Appropriations 

a+c 

b+c 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

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

costs, 

8.2.5 

d 

8.2.6 

e 

9,350 

9,350 

9,350 

9,350 

4,245 

4,245 

0,321 

0,321 

Total indicative financial cost of intervention  

including 
TOTAL  CA 
cost of human resources 

TOTAL  PA 
including 
cost of human resources 

a+c
+d+
e 

b+c
+d+
e 

13,916 

13,916 

13,916 

13,916 

EN 

19 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Co-financing details 

If the proposal involves co-financing by Member States, or other bodies (please specify 
which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in  the  table 
below (additional lines may be added if different bodies are foreseen for the provision of 
the co-financing): N/A 

4.1.2.  Compatibility with Financial Programming 

X 

Proposal is compatible with existing financial programming. 

Proposal will entail reprogramming of the relevant heading in the financial 

(cid:133) 
perspective. 

(cid:133) 
Proposal may require application of the provisions of the Interinstitutional 
Agreement31 (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: 

•  Contribution from Norway 2,219512 % and from Iceland: 0,107994 % (2006 
figures)  for  operational  costs,  based  on  Art  12  (1)  2nd  paragraph  of  the 
Agreement  concluded  by  the  Council  of  the  European  Union  and  the 
Republic  of  Iceland  and  the  Kingdom  of  Norway  concerning  the  latter's 
association  with  the  implementation,  application  and  development  of  the 
Schengen acquis (OJ L 176, 10.7.1999, p. 36). 

•  Contribution from Switzerland: 2,57 % (2006 figures), for operational costs, 
based  on  Art  11  (3)  2nd  paragraph  of  Agreement  between  the  European 
Union, the European Community and the Swiss Confederation on the Swiss 
Confederation's  association  with 
implementation,  application  and 
the 
development of the Schengen (OJ L 53, 27.2.2008, p. 52).  

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

2008 2009  2010 

[n+3] 

[n+4] 

[n+5]32

Prior to
action 
[Year 
n-1] 

31 
32 

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 

20 

   EN 

 
 
 
                                                 
a) Revenue in absolute terms 

0,458  

NO+IS+CH 

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. 

Annual requirements 

2008 

2009 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

number 
Total 
human resources 

of 

45 

41 staff are currently working on the development activities entrusted to the Commission 
pursuant to Council Regulation (EC) No 2424/2001. The 41 plus 4 additional staff will 
continue working on the activities within the scope of this Regulation. The related costs 
will be covered accordingly, as of 2009. 

5. 

CHARACTERISTICS AND OBJECTIVES 

For the details of the context of the proposal see the Explanatory Memorandum. Need to 
be met in the short or long term 

The proposal aims to provide the legal framework for the smooth migration from 
SIS 1+ to SIS II in order to allow the Member States to prepare for this operation 
and,  in  anticipation  such  action,  to  provide  the  legal  framework  for  final 
comprehensive (global) tests. A comprehensive test of SIS II will be conducted 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
in 2008 and 2009 by the Commission  with the support of external  contractors. 
For the purposes of migration, an interim technical architecture of the systems is 
also needed where SIS 1+ runs in parallel with SIS II at the central level. 

5.1. 

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

This proposal supplements and facilitate the development of the new generation 
of Schengen Information System and creates synergies between SIS 1 + and SIS 
II. 

5.2. 

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

The  main  objective  of  the  proposal  is  to  ensure  that  SIS  II  starts  operating 
successfully.  The  expected  result  of  this  proposal  is  to  ensure  a  smooth 
migration of data from SIS 1 + to SIS II and the complete switchover to SIS II. 
The  indicator  is  that  all  Member  States  should  successfully  migrate  their  data 
and systems. 

5.3.  Method of Implementation (indicative) 

Show below the methods chosen for the implementation of the action. 

ٱX Centralised Management 

X  Directly by the Commission 

Indirectly by delegation to: 

Executive Agencies 

Bodies set up by the Communities as referred to in art. 185 of 

the Financial Regulation 

ٱNational  public-sector  bodies/bodies  with  public-service 

mission 

ٱShared or decentralised management 

With Member States 

With third countries 

Joint management with international organisations (please specify) 

Relevant comments: 

EN 

22 

   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 delivers the required result. 

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

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

Conclusions  of  the  SIS  II  Committee  on  19  December  2007,  drawn  up  on  the 
basis of the impact assessment report prepared by the Migration Working Group. 

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  future  evaluation  will  take  place  after  the  comprehensive  test  (first 
evaluation)  and  after  migration  has  taken  place  (second  evaluation).  Each 
evaluation must measure the effectiveness of the actions and shall indicate if the 
test and whether migration have been executed properly.  

7. 

ANTI-FRAUD MEASURES  

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

EN 

23 

   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 

2009 

TOTAL 

Commitment appropriations in EUR million (to 3 decimal places) 

No. 
outputs 

Total cost 

No. outputs  Total cost 

OPERATIONAL OBJECTIVE No.1 33  

Successful migration and start of operation of SIS II 

- Output 1 

- Output 2 

- Output 3 

- Output 4 

- Output 5 

- Output 6 

- Output 7 

- Output 8 

Monitoring and test tools 

Quality assurance 

Studies 

Change requests 

Coaching 

Tests related maintenance and analysis 

Additional support at around go live 

sTESTA contingencies 

0,500 

1,250 

1,500 

2,000 

0,500 

1,000 

2,100 

0,500 

0,500 

1,250 

1,500 

2,000 

0,500 

1,000 

2,100 

0,500 

TOTAL COST 

9,350 

9,350 

33 

As described under Section 5.3. 

EN 

24 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
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 

A*/AD 

B*, 
C*/AST 

Officials 
or 
temporary 
staff34 
financed 
by art. 18 
01 01 01 
01 

Staff  financed35  by 
art.  18  01  02  01  and 
18 01 02 01 03 

staff36 
Other 
financed  by  art.  XX 
01 04/05 

TOTAL 

21 

8 

16 

45 

The  human  resources  needed  for  the  action  and  indicated  in  the  table  above  will  be 
allocated by internal redeployment only. 

8.2.2.  Description of tasks deriving from the action 

Project management; 

Technical management;  

Evaluation and reporting; 

Public procurement, contract and financial management 

34 
35 
36 

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 

25 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.3.  Sources of human resources (statutory) 

Posts  currently  allocated  to  the  management  of  the  programme  to  be 

X 
replaced or extended 

(cid:133) 

(cid:133) 

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 

(cid:133) 
service (internal redeployment) 

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

(cid:133) 
of the year in question 

EN 

26 

   EN 

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

Expenditure on administrative management) 

N/A 

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 

2008 

2009 

2010 

Year n+3  Year n+4 

Year n+5 

and later 

Officials  and 
temporary 
staff (art. 18 01 01 01 01)  

Staff financed by art. 18 01 
02  01  and  18  01  02  01  03 
(auxiliary, 
national 
experts, contract staff, etc.) 

Total  cost  of  Human 
Resources and associated 
costs  (NOT  in  reference 
amount) 

3,393 

0,852 

4,245 

Calculation– Officials and Temporary agents financed art. 18 01 01 01  

Reference should be made to Point 8.2.1, if applicable 

AD/AST – 117.000 EUR per year * 29 persons = 3,393 mEUR  

Calculation– Staff financed under art. 18 01 02 01  

Reference should be made to Point 8.2.1, if applicable 

Contractual staff (art 18 01 02 01 01) – an average of 55,874 EUR per year * 8 persons = 
0,447 mEUR 

National experts (art 18 01 02 01 03) – 50,578 EUR per year * 8 persons = 0,405 mEUR 

Source: European Commission, PMO note, 19.01.2007, estimations for year 2007 

8.2.6 Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

EN 

27 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

18 01 02 11 01– Missions 

18 01 02 11 02– Meetings & Conferences 

2 Total Other Management Expenditure 

(XX 01 02 11) 

0,131 

0,190 

Year 
n+5 

and 
later 

TOTAL 

0,131  

0,190 

3 

Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

Total Administrative expenditure, other 
than human resources and associated 
costs (NOT included in reference 
amount) 

0,321 

0,321 

Missions include visits to all 27 Member States in SIS 1+ for 2 persons (0,131 mEUR). 

Calculation - Other administrative expenditure not included in reference amount 

– 

EN 

28 

   EN