Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)
Date: 2008-10-24
Institutions: Council of the European Union
Subjects: EU Member State, Schengen Information System, border control, exchange of information, information system

8.11.2008

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Official Journal of the European Union

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

I

REGULATIONS

COUNCIL REGULATION (EC) No 1104/2008

of 24 October 2008

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
Community, and in particular Article 66 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

The Schengen Information System (SIS) set up pursuant
the Convention of
to the provisions of Title IV of
19 June 1990 implementing the Schengen Agreement
of 14 June 1985 between the Governments of
the
States of
the Federal
the Benelux Economic Union,
Republic of Germany and the French Republic on the
gradual abolition of checks at their common borders (2)
(the Schengen Convention), and the further development,
thereof, SIS 1+, constitute essential tools for the appli­
cation of the provisions of the Schengen acquis as inte­
grated into the framework of the European Union.

the second generation Schengen
The development of
entrusted to the
Information System (SIS II) was
to Council Regulation (EC) No
Commission pursuant
2424/2001 (3) and Decision 2001/886/JHA (4). Those
instruments expire on 31 December 2008. This Regu­
lation should therefore supplement them until a date to
be fixed by the Council acting in accordance with Regu­
lation (EC) No 1987/2006 of the European Parliament
and of the Council of 20 December 2006 on the estab­
lishment, operation and use of the second generation
Schengen Information System (SIS II) (5).

(1) Opinion of 24 September 2008, not yet published in the Official

Journal.

(2) OJ L 239, 22.9.2000, p. 19.
(3) OJ L 328, 13.12.2001, p. 4.
(4) OJ L 328, 13.12.2001, p. 1.
(5) OJ L 381, 28.12.2006, p. 4.

(3)

(4)

(5)

(6)

(7)

(8)

SIS II was established by Regulation (EC) No 1987/2006
and by Council Decision 2007/533/JHA of 12 June 2007
on the establishment, operation and use of the second
generation Schengen Information System (SIS II) (6). This
Regulation should be without prejudice to the provisions
of those acts.

Certain tests of SIS II are provided for
Regulation (EC) No 189/2008 (7)
2008/173/EC (8).

in Council
and in Decision

The development of SIS II should be continued and
should be finalised in the framework of
the SIS II
global schedule endorsed by the Council on 6 June 2008.

A comprehensive test of SIS II should be conducted in
full cooperation between the Member States and the
in accordance with the provisions of this
Commission,
Regulation. As soon as possible after its completion, the
test should be validated as provided for by Regulation
(EC) No 1987/2006 and Decision 2007/533/JHA.

Member States should perform a test on the exchange of
supplementary information.

(EC) No

As regards SIS 1+, the Schengen Convention provides for
a technical support function (C.SIS). As regards SIS II,
Regulation
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
function of
Central SIS II should be located in Strasbourg (France)
and a backup in St Johann im Pongau (Austria).

1987/2006

support

(6) OJ L 205, 7.8.2007, p. 63.
(7) OJ L 57, 1.3.2008, p. 1.
(8) OJ L 57, 1.3.2008, p. 14.

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(9)

to better manage the potential difficulties
In order
brought about by the migration from SIS 1+ to SIS II,
an interim migration architecture for the Schengen Infor­
mation System should be established and tested. The
interim migration architecture should have no impact
on the operational availability of SIS 1+. A converter
should be provided by the Commission.

(16)

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 data (2)
applies
to the processing of personal data by the
Commission.

(10)

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.

(17)

(11)

The Commission should remain responsible for Central
SIS II and its communication infrastructure. This re­
sponsibility includes the maintenance and continuation
of the development of SIS II and its communication
infrastructure,
including at all times the correction of
errors. The Commission should provide coordination
for the joint activities. The Commission
and support
the necessary technical
should provide,
to the Member States at
and operational
Central SIS II
including the availability of a
helpdesk.

in particular,
support

level

(18)

(12)

The Member States are and should remain responsible
for the development and maintenance of their national
systems (N.SIS II).

(13)

France should remain responsible for
the technical
support function of SIS 1+, as expressly provided for
in the Schengen Convention.

Representatives of the Member States participating in SIS
1+ should coordinate their actions within the framework
of the Council. It is necessary to set out a framework for
that organisational action.

(14)

(15)

to Decision 2004/55/EC of

The European Data Protection Supervisor, appointed
pursuant
the European
Parliament and of the Council of 22 December 2003
appointing the independent supervisory body provided
for in Article 286 of the EC Treaty (3), is competent to
monitor the activities of the Community institutions and
bodies in relation to the processing of personal data. The
Schengen Convention contains specific provisions on the
protection and security of personal data.

Since the objectives of setting up the interim migration
architecture and the migration of 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 Community level, the
Community may adopt measures in accordance with the
principle of subsidiarity, as set out in Article 5 of the
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.

European Community.

establishing

the

(19)

This Regulation respects the fundamental
rights and
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union.

(20)

The Schengen Convention should be amended to allow
the integration of SIS 1+ into the interim migration
architecture.

The Commission should be empowered to contract out
to third parties,
including national public bodies, tasks
conferred upon it by this Regulation 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 Communities (1).

(21)

Any such contract should respect
the rules of data
protection and data security and take into account the
role of the relevant data protection authorities applicable
to the SIS, in particular the provisions of the Schengen
Convention and of this Regulation.

in the adoption of

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, Denmark does not
take part
this Regulation and is
therefore not bound by it or subject to its application.
Given that this Regulation builds upon the Schengen
acquis under the provisions of Title IV of Part Three of
the European Community,
the Treaty
Denmark should,
in accordance with Article 5 of the
said Protocol, decide within a period of six months
after the adoption of
this Regulation whether it will
implement it in its national law.

establishing

(1) OJ L 248, 16.9.2002, p. 1.

(2) OJ L 8, 12.1.2001, p. 1.
(3) OJ L 12, 17.1.2004, p. 47.

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(22)

(23)

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 (1);

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 (2);
Ireland is therefore not taking part in its adoption and is
not bound by it or subject to its application.

the Protocol between the
within the meaning of
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 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 2008/261/EC of 28 February 2008 on the
signature, on behalf of the European Community, and
on the provisional application of certain provisions of
the
the
European Community, the Swiss Confederation and the
Principality of Liechtenstein on the accession of the Prin­
cipality of Liechtenstein to the Agreement between the
the European Community and the
European Union,
Swiss Confederation on the Swiss Confederation’s as­
sociation with the
implementation, application and
development of the Schengen acquis (7),

European Union,

between the

Protocol

(24)

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

HAS ADOPTED THIS REGULATION:

(25) 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 (3), which fall within the area referred
to in Article 1, point G of Council Decision
1999/437/EC (4) on certain arrangements
the
application of that Agreement.

for

(26) As regards Switzerland,

Union,

the Agreement
the

this Regulation constitutes a
the Schengen acquis
development of provisions of
concluded
within the meaning of
between
European
European
the
Community and the Swiss Confederation on the Swiss
Confederation’s association with the implementation,
application and development of the Schengen acquis (5),
which fall within the area referred to in Article 1, point
G of Decision 1999/437/EC read in conjunction with
Article 3 of Council Decision 2008/146/EC (6) on the
conclusion, on behalf of the European Community, of
the Agreement.

(27) As regards Liechtenstein,

this Regulation constitutes a
development of the provisions of the Schengen acquis

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

Article 1

General purpose

1.
The Schengen Information System (SIS), set up pursuant
to the provisions of Title IV of the 1990 Schengen Convention
(SIS 1+), shall be replaced by a new system, the Schengen
the establishment, operation
Information System II
and use of which is
regulated by Regulation (EC) No
1987/2006.

(SIS II),

2.
In accordance with the procedures and the division of
tasks set out in this Regulation, SIS II shall be developed by
the Commission and the Member States as a single integrated
system and shall be prepared for operations.

Article 2

Definitions

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

(a) ‘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);

(b) ‘C.SIS’ means the technical support

function of SIS 1+,
containing the reference database for SIS 1+ and the
uniform national interface (N.COM);

(7) OJ L 83, 26.3.2008, p. 3.

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(c) ‘N.SIS’ means the national system of SIS 1+, consisting of
the national data systems which communicate with C.SIS;

(e) the N.SIS II;

(d) ‘N.SIS II’ means the national system of SIS II, consisting of
the national data systems which communicate with Central
SIS II;

(f)

the converter.

Article 5

(e) ‘converter’ means a technical tool to allow consistent and
reliable communication between C.SIS and Central SIS II,
ensuring the functionalities provided for in Article 10(3);

Main responsibilities in the development of SIS II

The Commission shall continue to develop the Central SIS

1.
II, the communication infrastructure and the converter.

(f)

‘comprehensive
Article 55(3)(c) of Regulation (EC) No 1987/2006;

test’ means

test

the

referred to in

France

2.
accordance with the provisions of the Schengen Convention.

and operate C.SIS in

shall make

available

(g) ‘test on supplementary information’ means functional tests

between the Sirene Bureaux.

3.

The Member States shall continue to develop N.SIS II.

Article 3

Subject matter and scope

The Member States participating in SIS 1+ shall maintain
the Schengen

4.
N.SIS in accordance with the provisions of
Convention.

This Regulation defines the tasks and responsibilities of the
Commission and the Member States participating in SIS 1+
with respect to the following tasks:

(a) the maintenance and continuation of the development of

SIS II;

(b) a comprehensive test of SIS II;

(c) a test on supplementary information;

(d) the continuation of

the development and testing of a

converter;

(e) the establishment and testing of a provisional migration

architecture;

(f)

the migration from SIS 1+ to SIS II.

Article 4

Technical components of the migration architecture

In order to ensure the migration from SIS 1+ to SIS II, the
following components are necessary:

5.
The Member States participating in SIS 1+ shall make
available and operate the communication infrastructure for
SIS 1+.

The Commission shall

6.
the activities and
provide the necessary support for the implementation of the
tasks and responsibilities referred to in paragraphs 1 to 3.

coordinate

Article 6

Continuing development

The measures necessary to continue the development of SIS II
as referred to in Article 5(1), in particular measures necessary
for the correction of errors, shall be adopted in accordance with
the procedure defined in Article 17(2).

The measures necessary to continue the development of SIS II
as referred to in Article 5(3), insofar as it concerns the uniform
interface ensuring the compatibility of N.SIS II with
national
Central SIS II,
shall be adopted in accordance with the
procedure defined in Article 17(2).

Article 7

Main activities

(a) the C.SIS and the connection to the converter;

The Commission together with Member States partici­

1.
pating in SIS 1+ shall conduct a comprehensive test.

(b) the communication infrastructure for SIS 1+ allowing the

C.SIS to communicate with the N.SIS;

(c) the N.SIS;

test of

An interim SIS migration architecture shall be set up and
2.
a
shall be performed by the
Commission together with France and the other Member
States participating in SIS 1+.

architecture

that

(d) Central SIS II, NI-SIS and the communication infrastructure
for SIS II allowing the Central SIS II to communicate with
N.SIS II and the converter;

The Commission and the Member States participating in

3.
SIS 1+ shall perform the migration from SIS 1+ to SIS II.

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The Member States participating in SIS 1+ shall perform a

4.
test on the exchange of supplementary information.

Article 9

Test on supplementary information

The Commission shall provide the necessary support at

5.
Central SIS II level for the activities in paragraphs 1 to 4.

The activities in paragraphs 1 to 3 shall be coordinated by
6.
the Commission and the Member States participating in SIS 1+
acting within the Council.

Article 8

Comprehensive test

The

comprehensive

1.
the
Commission has declared that it considers that the level of
success of the tests referred to in Article 1 of Regulation (EC)
No 189/2008 is sufficient to begin such a test.

start before

shall not

test

The Member States participating in SIS 1+ shall conduct

1.
functional Sirene tests.

2.
The Commission shall make available Central SIS II and its
communication infrastructure during the execution of the test
on supplementary information.

The test on supplementary information shall

3.
follow a
detailed schedule defined by Member States participating in
SIS 1+ acting within the Council.

4.
The test on supplementary information shall be based on
the technical specifications defined by the Member States par­
ticipating in SIS 1+ acting within the Council.

A comprehensive test aiming at confirming, in particular,
2.
the completion by the Commission and the Member States
participating in SIS 1+ 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+ shall be performed.

The test results shall be analysed by the Member States

5.
participating in SIS 1+ acting within the Council.

6. Member States not participating in SIS 1+ may participate
in the test on supplementary information. Their results shall not
affect the overall validation of the test.

3.
The comprehensive test shall be executed by the Member
States participating in SIS 1+ for the N.SIS II and by the
Commission for the Central SIS II.

Article 10

Interim migration architecture

The comprehensive test shall follow a detailed schedule
4.
defined by Member States participating in SIS 1+ acting
within the Council in cooperation with the Commission.

5.
The comprehensive test shall be based on the technical
specifications defined by the Member States participating in
SIS 1+ acting within the Council
in cooperation with the
Commission.

6.
The Commission and the Member States participating in
SIS 1+ acting within the Council shall define the criteria for
determining whether the necessary technical arrangements to
process SIS II data are completed and the level of performance
of SIS II is at least equivalent to that achieved with SIS 1+.

results

The test

shall be analysed using the criteria
7.
mentioned in paragraph 6, by the Member States participating
in SIS 1+ acting within the Council and the Commission. The
test results shall be validated in accordance with Article 55(3)(c)
of Regulation (EC) No 1987/2006.

1.
An interim SIS migration architecture shall be set up. The
converter connects Central SIS II and C.SIS for a transitional
period. The N.SIS are connected to C.SIS, the N.SIS II to Central
SIS II.

The Commission shall provide a converter, the Central SIS
2.
II and its communication infrastructure as part of the interim
SIS migration architecture.

The converter shall convert data in two directions between
3.
the C.SIS and Central SIS II and keep C.SIS and Central SIS II
synchronised.

The Commission shall test the communication between

4.
Central SIS II and the converter.

France shall test the communication between C.SIS and

5.
the converter.

The Commission and France shall test the communication

6.
between Central SIS II and C.SIS via the converter.

8. Member States not participating in SIS 1+ may participate
in the comprehensive test. Their results shall not affect the
overall validation of the test.

France, together with the Commission, shall connect C.SIS

7.
via the converter to Central SIS II.

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The Commission,

together with France and the other
8.
Member States participating in SIS 1+, shall test the interim
SIS migration architecture as a whole in accordance with a
test plan provided by the Commission.

3. Member States shall
support at N.SIS II
migration infrastructure.

level

in particular provide the necessary
the interim

the testing of

for

France shall make available data for

9.
necessary.

test purpose,

if

Article 14

Keeping of records in Central SIS II

Article 11

Migration from SIS 1+ to SIS II

For the migration from C.SIS to Central SIS II, France shall
1.
make available the SIS 1+ database and the Commission shall
introduce the SIS 1+ database into Central SIS II.

2.
The Member States participating in SIS 1+ shall migrate
from N.SIS to N.SIS II using the interim migration architecture,
with the support of France and of
the Commission, by
30 September 2009 at the latest. If necessary, this date may
be changed in accordance with the procedure defined in
Article 17(2).

The migration of the national system from SIS 1+ to SIS
3.
II consists of the data loading of N.SIS II, when that N.SIS II is
to contain a data file, the national copy, containing a complete
or partial copy of the SIS II database, followed by a switchover
from N.SIS to N.SIS II for each Member State. The migration
shall follow a detailed schedule provided by the Commission
and the Member States participating in SIS 1+ acting within the
Council.

The Commission shall assist in coordination and support

4.
of the common activities during the migration.

The switchover foreseen in the migration process shall be

5.
carried out after the validation mentioned in Article 8(7).

Article 12

Substantive legal framework

During the migration, the provisions of Title IV of the Schengen
Convention shall continue to apply to the Schengen Infor­
mation System.

Article 13

Cooperation

1.
The Member States and the Commission shall cooperate
for the execution of all the activities covered by this Regulation
in accordance with their respective responsibilities.

2.
The Commission shall in particular provide the necessary
support at Central SIS II level for the testing and migration of
N.SIS II.

1. Without prejudice to the relevant provisions of Title IV 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.

2.
The records shall show, in particular, the date and time of
the data transmitted, the data used to perform searches, the
reference to the data transmitted and the name of
the
competent authority responsible for processing the data.

3.
The records may only be used for the purposes referred to
in paragraph 1 and shall be deleted at the earliest one year, and
at the latest three years after their creation.

Records may be kept longer if they are required for moni­

4.
toring procedures that are already under way.

5.
The competent authorities in charge of checking whether
or not a search is lawful, monitoring the lawfulness of data
processing, self-monitoring 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 15

Costs

1.
The costs arising from migration, the comprehensive test,
the test on supplementary information, maintenance and devel­
opment 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
2.
development of the national systems shall be borne by each
Member State concerned.

The costs arising from activities at SIS 1+ level, including
3.
supplementary activities of France, acting on behalf of
the
Member States participating in SIS 1+, shall be borne in
accordance with the provisions of Article 119 of
the
Schengen Convention.

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Article 16

Amendment of the provisions of the Schengen Convention

The provisions of
amended as follows.

the Schengen Convention are hereby

1. The following Article shall be inserted:

‘Article 92A

1104/2008 (*)

1.
As from the entry into force of Council Regulation
(EC)
No
Decision
in
2008/839/JHA (**)
Article 2 of that Regulation, the technical architecture of
the Schengen Information System may be supplemented by:

and relying on the definitions

Council

and

Central SIS II database and provide operations for initiali­
sation and restoration of N.SIS II national copies.

France, responsible for the technical support function,
6.
the other 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).

___________
(*) OJ L 299, 8.11.2008, p. 1.
(**) OJ L 299, 8.11.2008, p. 43.’

2. In Article 119 first paragraph, the first sentence shall be

replaced by the following:

(a) an additional central system composed of:

— technical support function (Central SIS II), located in
France and backup Central SIS II located in Austria,
containing the SIS II database and a uniform national
interface (NI-SIS),

— a technical connection between the C.SIS and the
Central SIS II via
allowing the
the
conversion and synchronisation of data between the
C.SIS and the Central SIS II;

converter

(b) a national system (N.SIS II), consisting of the national
data systems, which communicates with the Central
SIS II;

(c) an infrastructure for communication between Central

SIS II and the N.SIS II connected to the NI-SIS.

The N.SIS II may replace the national section referred
in which case the

2.
to in Article 92 of
Member States need not hold a national data file.

this Convention,

‘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 Infor­
mation System to the technical support function, and of
activities performed in conjunction with tasks conferred
upon
(JHA)
application
2008/839/JHA and of Regulation (EC) No 1104/2008
shall be borne jointly by the Member States.’

Decision

France

of

in

3. In Article 119, the second paragraph shall be 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 Decision 2008/839/JHA and
Regulation (EC) No 1104/2008 shall be borne by each
Member State individually.’

Article 17

Committee

The Commission shall be assisted by the Committee estab­

1.
lished by Article 51 of Regulation (EC) No 1987/2006.

3.
The central SIS II database shall be available for the
purpose of carrying out automated searches in the territory
of each Member State.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

4.
In case any of the Member States replace their national
section by N.SIS II, the compulsory functions of the technical
support function towards that national section as mentioned
in Article 92(2) and (3) become compulsory functions
towards Central SIS II, without prejudice to the obligations
referred to in Decision 2008/839/JHA and in Articles 5(1),
10(1), (2) and (3) of Regulation (EC) No 1104/2008.

5.
Central SIS II shall provide the services necessary for
the entry and processing of SIS data, the online update of
N.SIS II national
and
the
consistency between N.SIS II national copies and the

synchronisation of

copies,

The period provided
1999/468/EC shall be three months.

for

in Article 5(6) of Decision

Article 18

Reporting

The Commission shall submit by the end of every six month
period, and for the first time by the end of the first six month
period of 2009, a progress report to the European Parliament
and the Council concerning the development of SIS II and the
migration from SIS 1+ to SIS II.

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Article 19

Entry into force and applicability

This Regulation shall enter into force on the third day following its publication in the Official Journal of the
European Union. It shall expire on a date to be fixed by the Council, acting in accordance with Article 55(2)
of Regulation (EC) No 1987/2006, and in any case no later than on 30 June 2010.

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 Luxembourg, 24 October 2008.

For the Council
The President

M. ALLIOT-MARIE