Proposal for a Council Regulation amending Regulation (EC) No 1104/2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)
Date: 2009-09-29
Institutions: European Commission
Subjects: EU Member State, Schengen Information System, border control, exchange of information, information system

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.9.2009 
COM(2009) 508 final 

2009/0136 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1104/2008 on migration from the Schengen Information 
System (SIS 1+) to the second generation Schengen Information System (SIS II) 

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EXPLANATORY MEMORANDUM 

1. Context of the proposal 

• 

Grounds for and objectives of the proposal 

The Commission is contributing to the availability of the new SIS II functionalities and thus 
to  maintaining  a  high  level  of  security  within  the  area  of  justice,  freedom  and  security.  It 
seeks  to  give  SIS  II  development  fresh  impetus  after  the  analysis  and  repair  period  during 
which a considerable number of known issues and bugs have been fixed and solutions have 
been either designed or implemented to remedy them. 

This  proposal,  and  a  proposal  for  a  Council  Decision  on  the  same  subject,  aim  to  prevent 
Regulation  (EC)  No  1104/2008  governing  the  migration  from  the  Schengen  Information 
System  in  its  current  form  (SIS  1+)  to  the second  generation Schengen  Information System 
(SIS  II)  from  expiring  before  migration  becomes  technically  feasible.  Furthermore,  this 
proposal  ensures  legal  flexibility  for  the  development  of  SIS  II  by  means  of  the  alternative 
technical scenario of SIS 1+ RE, in case a switchover to this scenario should take place.  

Simultaneously,  in  order  to  ensure  efficient  management  of  SIS  II  development  and 
migration, a Global Programme Management Board (the "GPMB") is being set up as a group 
of  experts  for  enhanced  management  and  coordination  of  the  global  SIS  II  programme  and 
related activities as a whole, as well as consistency between the central and national systems' 
developments. This proposal is congruent with the Council Conclusions of 4-5 of June 2009 
which invited the Commission, building upon the experience of and the lessons learned from 
the global SIS II programme management approach established by the Council Conclusions 
of  26-27  February  2009  and  in  compliance  with  the  legal  framework, to  table  an  enhanced 
management approach to the project management structure of SIS II. 

Transparency  of  the  SIS  II  development  process  for  the  European  Parliament  is  maintained 
through the existing reporting obligation.  

• 

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+.  SIS  II  development  takes  into 
account  the  latest  evolutions  in  the  field  of  information  technology  and  allows  the 
introduction of added functionalities. 

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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. 
A  legal  framework  for  the  migration  from  SIS  1+  to  the  SIS  II  environment  was  therefore 
designed.  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  time-frame  of  the  current  migration  instruments,  and  in  particular  their  date  of  expiry 
which  is  currently  set  to  be  30  June  2010  at  the  latest,  appears  no  longer  realistic.  This 
proposal  therefore  aims  at  preventing  expiry  of  Regulation  (EC)  No  1104/2008  before 
migration  will  take  place.  The  GPMB's  role  would  be  to  act  as  a  focal  point  between  the 
actors and stakeholders involved in global SIS II development. In particular, it would allow 
the Commission and the Member States to coordinate the global programme in keeping with 
their  respective  responsibilities  and  activities  regarding  the  central  and  national  SIS  II 
projects. 

While maintaining the basic allocation of responsibility between the Commission, France and 
participating  Member  States  as  already  contained  in  the  instruments  to  be  amended,  this 
proposal will streamline management processes.  

• 

Existing provisions in the area covered by the proposal 

–  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; 

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OJ L 381, 28.12.2006, p. 4. 
OJ L 205, 7.8.2007, p. 63. 
OJ L 239, 22.9.2000, p. 19, as last amended by Council Decision 2008/839/JHA of 24 October 2008 
(OJ L 299, 8.11.2008, p. 43). 
OJ L 328, 13.12.2001, p. 4. 
OJ L 411, 30.12.2006, p. 1. 

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–  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; 

–  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)12; 

–  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)13. 

• Consistency with other policies and objectives of the Union 

Not applicable. 

2. 

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Consultation of interested parties and impact assessment 

Consultation of interested parties 

Member  States'  experts  are  closely  involved  in  the  continued  development  of  SIS  II,  in 
particular in the framework of the SIS-VIS Committee. In addition, SIS II development has 
been  discussed  in  the  framework  of  the  Council  preparatory  bodies  and  in  the  Council 
meeting of 4 June 2009. The Council Conclusions of 4-5 June 2009 invite the Commission to 
submit as soon as possible, but by October 2009 at the latest, appropriate legislative proposals 
to amend the migration instruments. 

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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. 
OJ L 299, 8.11.2008, p. 1. 
OJ L 299, 8.11.2008, p. 43. 

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• 

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 Article 36 committee and in the Council meeting of 
4 June 2009. 

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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  Regulation  which  is  not 
included in the Commission's Annual Legislative and Work Programme (CLWP) and as it is 
the  continuation  of  a  technical  project  without  clearly  identifiable  economic,  social  and 
environmental impacts. 

3. 

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Legal elements of the proposal 

Summary of the proposed action 

The objective of the present proposal is to prevent expiry of Regulation (EC) No 1104/2008 
before migration, to ensure legal flexibility for an alternative technical scenario to attain SIS 
II functionalities based on SIS 1+, in case a switchover to this scenario should take place, and 
to  render  management  of  SIS  II  development  and  migration,  in  particular  regarding 
coordination of Commission and Member State projects, as efficient as possible. In order to 
achieve the latter objective, the GPMB is set up as an expert group at global programme level. 

• 

Legal basis 

The legal basis for this Regulation is Article 66 of the EC Treaty as it concerns measures to 
ensure  cooperation  between  the  relevant  departments  of  the  administrations  of  the  Member 
States, as well as between those departments and the Commission for policies related to the 
free movement of persons. 

• 

Subsidiarity principle 

In accordance with the principle of subsidiarity, as set out in Article 5 of the EC Treaty, 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  remain 
limited to Central SIS II, coordination activities and the provision of a technical tool allowing 
for  the  successful  exchange  of  SIS  1+  data  between  SIS  1+  and  SIS  II  ('converter'). 
Furthermore,  the  GPMB  has  already  been  in  existence  as  an  informal  consultation  structure 
for  the  coordination  purposes  required  by  the  existing  instruments.  Coordination  between 
Commission and Member States is necessary to ensure global success of SIS II. 

• 

Choice of instruments 

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A  Council  Regulation  is  the  only  available  legal  form  to  postpone  the  expiry  date  of 
Regulation  (EC)  No  1104/2008  as  initially  phrased.  For  the  remainder  of  this  proposal,  a 
Regulation is the most appropriate instrument for the proposed action in view of the need to 
apply uniform rules and processes to the management of SIS II development and migration. 
The  provisions  set  out  in  this  Regulation  are  precise,  unconditional  and  directly  applicable 
and,  by  their  very  nature,  do  not  require  action  by  Member  States  to  transpose  them  into 
national law. 

Owing to the two-pillar nature of SIS II a Council Decision based on Articles 30(1) (a) and 
(b), 34(2) (c) of the Treaty on European Union will complement the hereby proposed Council 
Regulation. 

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  shall  be  borne  by  the 
Member State concerned. 

Under Article 15 of Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA as 
they  have  been  phrased  heretofore,  additional  costs  for  migration,  testing,  maintenance  and 
development measures at the central level (Central SIS II and Communication Infrastructure) 
had been allocated to the general budget of the European Union as well. Testing, migration, 
maintenance  and  development  costs  for  the  national  systems,  including  N.SIS  II,  have 
continued to be borne by each Member State concerned. 

The present proposal does not modify this basic structure. It will, however, extend the existing 
legal  basis  that  had  already  been  laid  down  in  Regulation  (EC)  No  1104/2008  and  Council 
Decision  2008/839/JHA  to  cover  the  post-30  June  2010  period  until  migration.  In  addition, 
the  cost  arising  from  the  meetings  of  the  GPMB  which  is  being  set  up  by  this  proposal, 
including expenses for members and experts attending, would be borne by the general budget 
of  the  European  Union.  The  necessary  appropriations  to  cover  the  cost  arising  from  the 
meetings of the GPMB will come from the appropriations currently foreseen in the Financial 
Programming 2010-2013 for the Schengen Information System (SIS II). 

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  continue  to  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. 

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

5. 

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Additional information 

Amendment of existing legislation 

The adoption of the proposal will entail the amendment of Regulation (EC) No 1104/2008. 

• 

Review/revision/sunset clause 

The  proposal  contains  a  modified  sunset  clause.  The  new  date  of  expiry  will  be  set  by  the 
Council, acting in accordance with Article 55(2) of Regulation (EC) No 1987/2006. 

• 

Timetable 

The present Regulation needs to be adopted in June 2010 at the latest in order to ensure the 
continuity of the preparations and the timely execution of activities covered. 

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2009/0136 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1104/2008 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 establishing the European Community, and in particular Article 
66 thereof, 

Having regard to the proposal from the Commission14, 

Having regard to the opinion of the European Parliament15, Whereas: 

(1) 

(2) 

(3) 

(4) 

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The  second  generation  Schengen  Information  System  (SIS  II)  was  established  by 
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)16 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)17 . 

The  conditions,  procedures  and  responsibilities  applicable  to  the  migration  from  SIS 
1+  to SIS II  are laid down in Council  Regulation (EC) No 1104/2008 of 24 October 
2008  on  migration  from  the  Schengen  Information  System  (SIS1+)  to  the  second 
II)18  and  Council  Decision 
generation  Schengen 
2008/839/JHA  of  24 October  2008  on  migration  from  the  Schengen  Information 
System  (SIS1+)  to  the  second  generation  Schengen  Information  System  (SIS  II)19. 
However, those instruments will expire at the latest on 30 June 2010. 

Information  System 

(SIS 

The preconditions for migration will not be met by 30 June 2010. In order for SIS II to 
become  operational  as  required  by  Regulation  (EC)  1987/2006  and  Decision 
2007/533/JHA,  Regulation  (EC)  No  1104/2008  and  Decision  2008/839/JHA  should 
therefore continue to apply until migration has been completed. 

The Commission and the Member States should continue to cooperate closely during 
all steps of the migration in order to complete the process. A group of experts should 
be established to complement the current organisational structure. 

OJ C , , p. . 
OJ C , , p. . 
OJ L 381, 28.12.2006, p. 4. 
OJ L 205, 7.8.2007, p. 63. 
OJ L 299, 8.11.2008, p. 1. 
OJ L 299, 8.11.2008, p. 43. 

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(5) 

(6) 

The  Commission  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 
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.  

A  technical  contingency  plan  for  attaining  SIS  II  functionalities  should  be  foreseen. 
The  description  of  the  technical  components  of  the  migration  architecture  therefore 
should be adapted to allow for another technical solution regarding the development of 
Central SIS II. 

(7) 

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

(8) 

France should remain responsible for C.SIS. 

(9) 

(10) 

Since the objectives of the action to be taken, namely setting up the interim migration 
architecture and  the 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  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. 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the  European 
Community,  Denmark  does  not  take  part  in  the  adoption  of  this  Regulation  and  is 
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  EC 
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. 

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

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

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OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 

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

(14)  As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of 
provisions of the Schengen acquis within the meaning of the Agreement concluded by 
the Council of the European Union and the Republic of Iceland and the Kingdom of 
Norway  concerning  the  latter's  association  with  the  implementation,  application  and 
development of the Schengen acquis22, which fall within the area referred to in Article 
1,  point  G  of  Council  Decision  1999/437/EC  of  17  May  199923  on  certain 
arrangements for the application of that Agreement. 

(15)  As regards Switzerland, this Regulation 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  acquis24,  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/EC25  on  the  conclusion,  on  behalf  of  the  European  Community,  of  the 
Agreement. 

(16)  As regards Liechtenstein, this Regulation constitutes a development of the provisions 
of  the  Schengen  acquis  within  the  meaning  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 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 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 
acquis26, 

HAS ADOPTED THIS REGULATION: 

Regulation (EC) No 1104/2008 is amended as follows:  

Article 1 

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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. 1. 
OJ L 83, 26.3.2008, p. 3. 

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(1) In Article 4, the introductory sentence is replaced by the following: 

"In order to ensure the migration from SIS 1+ to SIS II, the following components shall be 
made available to the extent necessary:" 

(2) In Article 10, paragraph 3 is replaced by the following: 

"3.  To  the  extent  necessary,  the  converter  shall  convert  data  in  two  directions  between  the 
C.SIS and Central SIS II and keep C.SIS and Central SIS II synchronised." 

(3) In Article 11, paragraph 2 is replaced by the following: 

"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." 

(4) The following Article 17a is inserted:  

"Article 17a 

Global Programme Management Board 

1.  Without  prejudice  to  the  respective  responsibilities  and  activities  of  the  Commission, 
France and the Member States participating in SIS 1+, a group of technical experts, called the 
Global  Programme  Management  Board  (hereinafter  the  "GPMB"),  is  hereby  set  up.  The 
GPMB shall provide a forum for coordination of the central and national SIS II projects. 

2. The GPMB shall be composed of a maximum of 10 experts. A maximum of eight experts 
and an equal number of alternates shall be designated by the Member States acting within the 
Council.  Two  experts  and  two  alternates  shall  be  designated  by  the  Director  General  of  the 
responsible Directorate-General of the Commission from among Commission officials. Other 
Commission officials with an interest in the proceedings may attend meetings of the GPMB. 

3. The GPMB may invite further experts to participate in GPMB meetings as appropriate in 
order to enable it to accomplish its objective as set out in paragraph 1. 

4.  The  GPMB  shall  meet  on  Commission  premises.  Its  secretariat  shall  be  ensured  by  the 
Commission.  

5.  The  GPMB  shall  draw  up  its  own  terms  of  reference.  They  shall  take  effect  after  a 
favourable  opinion  has  been  given  by  the  Director  General  of  the  responsible  Directorate-
General of the Commission. 

6.  Without  prejudice  to  Article  15(2),  the  administrative  costs  and  travel  expenses  arising 
from the activities of the GPMB shall be borne by the general budget of the European Union , 
to the extent that they are not reimbursed from other sources. As regards travel expenses of 
the  experts  in  the  GPMB  designated  by  the  Member  States  acting  within  the  Council  and 
experts invited pursuant to paragraph 3 of this Article which arise in connection with the work 
of the GPMB, the Commission's 'Rules on the reimbursement of expenses incurred by people 
from outside the Commission invited to attend meetings in an expert capacity' shall apply." 

(5) In Article 19, the last sentence is replaced by the following: 

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"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." 

Article 2 

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

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

Done at Brussels,  

For the Council 
The President 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

This statement accompanies two legislative proposals: 

Proposal  for  a  Council  Regulation  amending  Regulation  (EC)  No  1104/2008  on 
migration from the Schengen Information System (SIS 1+) to the second generation 
Schengen Information System (SIS II) 

Proposal  for  a  Council  Decision  amending  Decision  2008/839/JHA  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 II (SIS II) 

3.2. 

Duration of the action and of the financial impact: 

As  these  amending  instruments  extend  the  expiry  date  foreseen  in  the  instruments 
being amended, only costs caused by prolongation of the development and migration 
phase  beyond  30  June  2010,  will  be  taken  into  account.  This  excludes  costs  to  be 
committed until 30 June 2010. 

Operation costs financed on another legal basis, such as in particular Regulation (EC) 
No 1987/2006 and Decision 2007/533/JHA of 20 December 2006 on establishment, 
operation and use of SIS II, are excluded as well. 

The  commitment  appropriations  arising  from  these  amending  instruments  are 
foreseen for the period from 30 June 2010 until migration and thereby expiry of the 
instruments within the envelope programmed to cover the funding of large-scale IT 
systems. 

3.3. 

Budgetary characteristics : 

Budget 

Type of expenditure 

New 

EFTA 

Contributions 
from applicant 

Heading in 
financial 

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line 

contribution 

countries 

perspective 

18  02  04 
01 

Non-
comp 

Diff27 

NO 

NO 

NO 

3a 

27 

Differentiated appropriation. 

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4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

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

Expenditure type 

Section 
no. 

Operational expenditure28 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA) 

Appropriations 

a 

b 

EUR million (to 3 decimal places) 

2010

2011 

2012 

Total 

6.566 

6.284 

0 

12.850 

4.924 

6.355 

1.571 

12.850 

Administrative expenditure within reference amount29 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment Appropriations 

a+c

b+c

6.566 

6.284 

12.850 

4.924 

6.355 

1.571 

12.850 

Administrative expenditure not included in reference amount30 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

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

costs, 

8.2.5. 

d 

2.593 

3.890 

8.2.6. 

e 

0.177 

0.241 

6.483 

0.418 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

a+c
+d
+e 

b+c
+d
+e 

9.336 

10.415 

19.751 

7.694 

10.486 

1.571 

19.751 

28 
29 
30 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

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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 

•  Contribution  from  Norway  2.200081  %  and  from  Iceland:  0,113386  %  (2007 
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 
implementation, application and development of the Schengen acquis (OJ L 176, 
10.7.1999, p. 36). 

latter's  association  with 

the 

•  Contribution from Switzerland: 2.402999 % (2007 figures), for operational costs, 
based  on  Art  11  (3)  2nd  paragraph  of  Agreement  between  the  European  Union, 
the  Swiss 
the  European  Community  and 
Confederation's association with the implementation, application and development 
of the Schengen (OJ L 53, 27.2.2008, p. 52). 

the  Swiss  Confederation  on 

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As  regards  Iceland  and  Norway,  these  proposals  build  upon  the  Schengen  acquis,  as 
defined in Annex A of the Agreement concluded between the Council of the European 
Union  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 of this Agreement provides: “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”. 

As regards Switzerland, these proposals constitute 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 acquis. Article 11(2) of this Agreement provides: “As regards the costs 
of  developing  the  second  generation  Schengen  Information  System  (SIS  II), 
Switzerland  shall  contribute  to  the  general  budget  of  the  European  Communities  an 
annual  sum  for  the  relevant  financial  years  starting  from  the  2002  financial  year, 
calculated in accordance with its gross domestic product as a percentage of the gross 
domestic product of all the participating States”.  

4.1.2.  Compatibility with Financial Programming 

(cid:59) 

(cid:133) 

(cid:133) 

Proposal  is  compatible  with  existing  financial  programming.  The  necessary 
appropriations  to  cover  the  cost  arising  from  the  meetings  of  the  GPMB  will 
come from the appropriations currently foreseen in the Financial Programming 
2010-2013 for the Schengen Information System (SIS II). 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

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) 

(cid:59) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

EUR million (to one decimal place) 

Situation following action 

Budget line 

Revenue 

Prior to
action 
[Year 
n-1] 

2010

2011 

a) Revenue in absolute terms 

0.309 0.296 

Total 

0.605 

31 

See points 19 and 24 of the Interinstitutional agreement. 

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6312 

b) Change in revenue 

 ∆ 

0.161 -0.160  

0.001 

For  2010,  the  delta  was  calculated  by  reference  to  half-yearly  revenue  as  this 
financial statement only covers the period starting on 1 July 2010. 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

Total  number  of  human 
resources 

2010 

2011 

50 

50 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

The proposal is aiming at prolonging the legal basis for migrating until this becomes 
technically  feasible.  It  also  aims  at  creating  a  management  structure  in  line  with 
internationally  accepted  best  practices  in  management.  In  addition,  the  proposal 
ensures  legal  flexibility  for  attaining  SIS  II  functionalities  through  an  alternative 
technical scenario based on SIS 1+, in case a switchover to this scenario should take 
place. The proposal does not modify the basic structure of responsibility, nor does it 
change the basic structure of financing. 

5.2. 

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

Given the integration of the Schengen acquis into the institutional framework of the 
European Union, given further the fact that the SIS II involves both Community and 
Union competencies, the project of creating a common large-scale IT system requires 
Community involvement. 

5.3. 

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  participating  Member  States  should  successfully  migrate  their  data  and 
systems. 

5.4.  Method of Implementation (indicative) 

(cid:59)  Centralised Management 

(cid:59) 

(cid:133) 

directly by the Commission 

indirectly by delegation to: 

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(cid:133) 

executive Agencies 

(cid:133) 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: N/A 

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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 is handled in particular through a Quality 
Assurance contractor.  

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

The assessment and comparison report on the further direction of SIS II submitted to 
the Council by the Presidency and the Commission provides an ex ante evaluation. 
On this basis, the Council Conclusions of 4-5 June 2009 note the completion of the 
SIS  II  repair  and  analysis  period,  during  which  a  considerable  number  of  known 
issues  and  bugs  have  been  fixed  and  solutions  have  been  either  designed  or 
implemented to remedy them. The Council concluded that the development of SIS II 
should continue on the basis of the current SIS II project and that SIS 1+RE would 
be retained as a contingency plan. 

6.2.2.  Measures taken following an intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

The  Global  Programme  Management  Board  is  being  set  up  with  the  present 
proposals,  thus  taking  into  account  the  experience  from  managing  development  of 
SIS II on the basis of working structure as it had been established by the instruments 
now being amended. 

6.2.3.  Terms and frequency of future evaluation 

The future evaluation will take place on the basis of 6monthly "milestones" as laid 
down in the Council Conclusions of 4-5 June 2009. 

7. 

ANTI-FRAUD MEASURES  

If  any  additional  contracts  should  prove  necessary,  the  Commission  procedures  for 
the award of contracts will be applied, ensuring compliance with Community law on 
public contracts. 

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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 

Year 2010 

Year 2011 

TOTAL 

Commitment appropriations in EUR million (to 3 decimal places) 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
output
s 

Total 
cost 

OPERATIONAL OBJECTIVE: continuing development of SIS 
II until migration 

Action: continuing technical progress towards migration  

- Output 1  Main Development Contract schedule extension 

- Output 2  Quality Assurance schedule extension 

- Output 3  Global Programme Management and Test Coordination 

- Output 4 

ICD contingencies 

- Output 5  Scalability contingencies 

- Output 6  Change request contingencies 

- Output 7  Development-related sTESTA contingencies 

- Output 8  Security audits 

- Output 9  Strasbourg personnel costs (6 personnel) 

- Output 10  Studies 

- Output 11  Coaching and training 

1.560 

0.648 

0.528 

1.000 

0.200 

0.300 

0.500 

0.420 

0.360 

0.750 

0.300 

6.566 

2.340 

0.972 

0.852 

0 

0 

0.200 

0.150 

0.280 

0.540 

0.500 

0.450 

6.284 

3.900 

1.620 

1.380 

1.000 

0.200 

0.500 

0.650 

0.700 

0.900 

1.250 

0.750 

12.850 

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TOTAL COST 

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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) 

Year 
2010 

Year 2011 

Officials or 
temporary 
staff32 (XX 01 
01) 

A*/AD 

24 

B*, 
C*/AST 

9 

Staff  financed33  by  art. 
XX 01 02 

17 

Other  staff34  financed by 
art. XX 01 04/05 

24 

9 

17 

TOTAL 

50 

50 

8.2.2.  Description of tasks deriving from the action 

•  Programme Coordination 

•  Project Management 

•  Technical Management 

•  Evaluation and Reporting 

•  Public procurement, contract and financial management 

8.2.3. Sources of human resources (statutory)(cid:59)  Posts  currently  allocated  to  the 

management of the programme to be replaced or extended 

(cid:133) 

(cid:133) 

(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  service 
(internal redeployment) 

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

32 
33 
34 

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. 

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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 

Year 
2010  
(pro 
rata 
from 1 
July) 

Year 
2011  
(pro 
rata 
until 
estimat
ed 
migrati
ontime) 

Officials  and  temporary  staff 
(XX 01 01) 

2.013 

3.020 

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

0.580 

0.870 

(specify budget line) 

cost 

Total 
of  Human 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

2.593 

3.890 

Calculation– Officials and Temporary agents 

AD/AST – 122,000 EUR per year * 33 persons = 4.026 mEUR 

Calculation– Staff financed under art. XX 01 02 

Contractual staff (art 18 01 02 01 01): 64,000 EUR per year * 9 persons = 0.576 mEUR 

National experts (art 18 01 02 01 03): 73,000 EUR per year * 8 persons = 0.584 mEUR 

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8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
2010 

Year 
2011 

XX 01 02 11 01 – Missions 

0.082 

0.099 

XX 01 02 11 02 – Meetings & Conferences 

0.095 

0.142 

2 

Total 

Other  Management 

0.177 

0.241 

Expenditure (XX 01 02 11) 

TOTAL 

0.181 

0.237 

0.418 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

0.177 

0.241 

0.418 

Missions include visits to 27 participating States for 1 person each year and weekly trips to 
Strasbourg for 2 persons up to the estimated time of migration. 

The needs for human and administrative resources shall be covered within the allocation that 
can be granted to the managing DG in the framework of the annual allocation procedure in the 
light of budgetary constraints.  

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