Council Decision 2008/839/JHA 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: Schengen Information System, exchange of information, information system, technical cooperation, technical regulations

8.11.2008

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Official Journal of the European Union

L 299/43

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL DECISION 2008/839/JHA

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 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 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 development of
the second generation Schengen
Information System (SIS II) was to the Commission
pursuant to Council Regulation (EC) No 2424/2001 (3)
and
Those
instruments
expire on 31 December 2008. This
Decision should therefore supplement them until a date

Council Decision

2001/886/JHA (4).

to be fixed by the Council acting in accordance with
Council Decision 2007/533/JHA of 12 June 2007 on
the establishment, operation and use of
the second
generation Schengen Information System (SIS II) (5).

(3)

(4)

(5)

(6)

the European Parliament and of

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

II) (6)

and

by

Certain tests of SIS II are provided for in Council Regu­
lation (EC) No 189/2008 (7) and in Council Decision
2008/173/EC (8).

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
Commission,
in accordance with the provisions of this
Decision. 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.

(7)

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

(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 205, 7.8.2007, p. 63.
(6) OJ L 381, 28.12.2006, p. 4.
(7) OJ L 57, 1.3.2008, p. 1.
(8) OJ L 57, 1.3.2008, p. 14.

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(8)

(9)

(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 back-up in St. Johann im Pongau (Austria).

1987/2006

support

In order
to better manage the potential difficulties
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.

(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.

(11)

The Commission should remain responsible for Central
SIS II and its communication infrastructure. This respon­
sibility includes the maintenance and continuation of the
development of SIS II and its communication infra­
structure, including at all times the correction of errors.
The Commission should provide
coordination and
support for the joint activities. The Commission should
provide, in particular, the necessary technical and opera­
tional support to the Member States at Central SIS II level
including the availability of a helpdesk.

(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.

(14)

(15)

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.

The Commission should be empowered to contract out
to third parties,
including national public bodies, tasks
conferred upon it by this Decision and tasks relating to
in accordance with
the implementation of the budget,
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).

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

(16)

(17)

(18)

(19)

(20)

(21)

the rules of data
Any such contract should respect
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 Decision.

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.

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 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 Treaty Establishing the European
Community and referred to in Article 2 of the Treaty
on European Union. In accordance with the principle of
proportionality, this Decision does not go beyond what
is necessary to achieve those objectives.

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

fundamental

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

The United Kingdom is taking part in this Decision, in
accordance with Article 5 of the Protocol integrating the
Schengen acquis into the framework of
the European
Union, annexed to the Treaty on European Union and
to the Treaty Establishing the European Community, 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 acquis (4).

(2) OJ L 8, 12.1.2001, p. 1.
(3) OJ L 12, 17.1.2004, p. 47.
(4) OJ L 131, 1.6.2000, p. 43.

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(22)

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 Treaty on European Union and to the Treaty Estab­
lishing the European Community, 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 acquis (1).

(23)

This Decision 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.

(24) As regards Iceland and Norway, this Decision constitutes
the Schengen acquis
a development of provisions of
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 (2),
which fall within the area referred to in Article 1, point
G of Council Decision 1999/437/EC (3) on certain
arrangements for the application of that Agreement.

(25) As regards Switzerland, this Decision constitutes a devel­
opment of provisions of the Schengen acquis within the
the Agreement concluded between the
meaning of
European Union,
the European Community and the
Swiss Confederation on the Swiss Confederation’s asso­
ciation with the implementation, application and devel­
opment of the Schengen acquis (4), 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 2008/149/JHA (5) on the conclusion
of that Agreement on behalf of the European Union.

(26) As

this Decision constitutes a
regards Liechtenstein,
the Schengen acquis
development of provisions of
within the meaning of the Protocol signed 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 concluded between the European Union, the
European Community and the Swiss Confederation on
the Swiss Confederation’s association with the implemen­
the Schengen
tation, application and development of
acquis, which fall within the
referred to in
Article 1, point G of Decision 1999/437/EC read in
conjunction with Article 3 of Decision 2008/262/EC of
28 February 2008 on the signature, on behalf of the
European Union, and on the provisional application of
certain provisions of that Protocol (6),

area

(1) OJ L 64, 7.3.2002, p. 20.
(2) OJ L 176, 10.7.1999, p. 36.
(3) OJ L 176, 10.7.1999, p. 31.
(4) OJ L 53, 27.2.2008, p. 52.
(5) OJ L 53, 27.2.2008, p. 50.
(6) OJ L 83, 26.3.2008, p. 5.

HAS ADOPTED THIS DECISION:

Article 1

General purpose

The Schengen Information System (SIS 1+)
to the provisions of Title IV of

set up
1.
pursuant
the Schengen
Convention, shall be replaced by a new system, the Schengen
Information System II (SIS II), the establishment, operation and
use of which is regulated by Decision 2007/533/JHA.

In accordance with the procedures and the division of
2.
tasks set out in this Decision, 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 Decision, 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);

(c)

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

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

(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);

(f)

‘comprehensive
Article 71(3)(c) of Decision 2007/533/JHA;

test’ means

test

the

referred to in

(g)

‘test on supplementary information’ means functional tests
between the SIRENE Bureaux.

Article 3

Subject matter and scope

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

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(a)

the maintenance and continuation of the development of
SIS II;

Article 6

Continuing development

(b) a comprehensive test of SIS II;

(c) a test on supplementary information;

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

(d) the continuation of

the development and testing of a

converter;

(e)

the establishment and testing of a provisional migration
architecture;

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

(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:

(a)

the C.SIS and the connection to the converter;

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

C.SIS to communicate with the N.SIS;

Article 7

Main activities

The Commission together with the Member States partici­

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

test of

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

architecture

that

(c)

the N.SIS;

The Commission and the Member States participating in

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

(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 Member States participating in SIS 1+ shall perform a

4.
test on the exchange of supplementary information.

(e)

the N.SIS II;

(f)

the converter.

Article 5

Main responsibilities in the development of SIS II

The Commission shall continue to develop Central SIS II,

1.
the communication infrastructure and the converter.

France

2.
accordance with the provisions of the Schengen Convention.

and operate C.SIS in

shall make

available

3.

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

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

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

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

The Commission shall provide the necessary support at

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

6.
The activities in paragraphs 1 to 3 shall be coordinated by
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
referred to in Article 1 of Decision
success of
2008/173/EC is sufficient to begin such a test.

start before

shall not

the tests

test

2.
A comprehensive test aiming at confirming, in particular,
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.

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.

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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.

period. The N.SIS are connected to C.SIS, the N.SIS II to Central
SIS II.

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 71(3)(c)
of Decision 2007/533/JHA.

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.

Article 9

Test on supplementary information

The Member States participating in SIS 1+ shall conduct

1.
functional SIRENE tests.

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.

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

7.
via the converter to Central SIS II.

The Commission,

8.
together with France and the other
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.

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

France shall make available data for

9.
necessary.

test purpose,

if

The test on supplementary information shall

follow a
3.
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.

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.

Article 10

Interim migration architecture

1.
An interim SIS migration architecture shall be set up. The
converter connects Central SIS II and C.SIS for a transitional

Article 11

Migration from SIS 1+ to SIS II

1.
For the migration from C.SIS to Central SIS II, France shall
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).

3.
The migration of the national system from SIS 1+ to SIS
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.

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The Commission shall assist in coordination and support

4.
of the common activities during the migration.

within the limits of their competence and at their request, to
those records for the purpose of fulfilling their tasks.

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 Decision 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.

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

level

in particular provide the necessary
the interim

the testing of

for

Article 15

Costs

1.
The costs arising from migration, the comprehensive test,
the test on supplementary information, maintenance and devel­
level or concerning the
opment measures at Central SIS II
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.

Article 16

Amendment of the provisions of the Schengen Convention

The provisions of
amended as follows:

the Schengen Convention are hereby

Article 14

1. the following Article shall be inserted:

Keeping of records in Central SIS II

‘Article 92A

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.

1104/2008 (*)

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

and relying on the definitions

Council

and

(a) an additional central system composed of:

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.

— 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),

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 underway.

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,

— 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.

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

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 Council Decision 2008/839/JHA and in
Articles 5(1), 10(1), (2) and (3) of Council Regulation (EC)
No 1104/2008.

5.
Central SIS II shall provide the services necessary for
the entry and processing of SIS data, the on-line update of
N.SIS II national
and
the
consistency between N.SIS II national copies and the
Central SIS II database and provide operations for initiali­
sation and restoration of N.SIS II national copies.

synchronisation of

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:

‘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
Council Decision
2008/839/JHA and of Council Regulation (EC) No
1104/2008 shall be borne jointly by the Member States.’;

application

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
Decision
upon
2008/839/JHA
No
1104/2008 shall be borne by each Member State indivi­
dually.’

Regulation

national

Council

systems

Council

under

(EC)

and

Article 17

Committee

The Commission shall be assisted by the Committee estab­

1.
lished by Article 67(1) of Decision 2007/533/JHA.

2. Where reference is made to this paragraph, the procedure
set out in Article 67 of Decision 2007/533/JHA shall apply.

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.

Article 19

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 a date to be fixed by the Council, acting in
accordance with Article 71(2) of Decision 2007/533/JHA, and
in any case no later than on 30 June 2010.

Done at Luxembourg, 24 October 2008.

For the Council
The President

M. ALLIOT-MARIE