Proposal for a COUNCIL REGULATION on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (recast)
Date: 2012-04-30
Institutions: European Commission
Subjects: Schengen Information System, information technology, technological change

EUROPEAN COMMISSION 

Brussels, 30.4.2012  
COM(2012) 81 final 

2012/0033 (NLE) 

Proposal for a 

COUNCIL REGULATION 

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

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EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

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  2424/20011  and  Council  Decision 
2001/886/JHA  of  6  December  2001  on  the  development  of  the  second  generation  Schengen 
Information  System  (SIS  II)2.  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. 

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 Council of 20 December 2006 on the 
establishment,  operation  and  use  of  the  second  generation  Schengen  Information  System 
(SIS II)3 and Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation 
and  use  of  the  second  generation  Schengen  Information  System  (SIS  II)  4.  These  legal  acts 
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  take  place,  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  was  therefore 
designed in Council Regulation (EC) No 1104/20085 and Council Decision 2008/839/JHA6 of 
24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second 
generation Schengen Information System (SIS II) (together "migration instruments").  

2. 

GROUNDS FOR AND OBJECTIVES OF THIS PROPOSAL 

The  objective  of  this  proposal  is  to  recast  in  a  single  legal  instrument  Regulation  (EC)  No 
1104/2008  and  Council  Decision  2008/839/JHA.  This  proposal  provides  for  a  revised  legal 

1 
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4 
5 
6 

OJ L 328, 13.12.2001, p. 4. 
OJ L 328, 13.12.2001, p. 1. 
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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regime for the migration from SIS 1+ to SIS II which enables the Member States to use SIS II 
with all its functionalities from the moment of the switchover from SIS 1+ to SIS II.  

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

3. 

• 

LEGAL ELEMENTS OF THIS PROPOSAL 

Legal base 

The legal base of this proposal is Article 74 of the Treaty on the Functioning of the European 
Union as it concerns measures to ensure cooperation between the relevant departments of the 
Member  States,  as  well  as  between  those  departments  and  the  Commission  for  policies 
ensuring a high level of security within the area of freedom, security and justice. 

• 

Subsidiarity principle 

This  proposal  respects  the  principle  of  subsidiarity  as  the  main  objective  of  the  proposed 
action, namely the migration from SIS 1+ to SIS II, cannot be achieved by the Member States 
individually and it can be better achieved on the Union level. 

• 

Proportionality principle 

This proposal does not go beyond what is necessary to achieve its objective. It complies with 
the  proportionality  principle  as  its  primary  impact  is  the  facilitation  of  migration  of  the 
Member States from SIS 1+ to SIS II.  

• 

Choice of instruments 

A  Council  Regulation  is  the  most  appropriate  legal  form  to  recast  Regulation  (EC)  No 
1104/2008  and  Decision  2008/839/JHA,  as  one  of  the  legal  acts  involved  in  the  recast  is  a 
regulation. In addition, uniform rules and processes are needed for the management of SIS II 
development  and  migration.  The  provisions  set  out  in  this  proposal  for  a  regulation  are 
precise, unconditional and directly applicable and, by their very nature, do not require action 
by Member States to transpose them into their national laws. 

• 

Committee procedure 

As a consequence of the repeal of Council Decision 486/1999 of 28 June 1999 laying down 
the procedures for the exercise of implementing powers conferred on the Commission7, from 
1 March 2011, reference has to be made in the provision on committee procedure to the new 
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 
2011  laying  down  the  rules  and  general  principles  concerning  mechanisms  for  control  by 
Member  States  of  the  Commission’s  exercise  of  implementing  powers8.  The  regulatory 
procedure applied under the former committee procedure in this proposal will be replaced by 
the examination procedure.  

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8 

OJ L 184, 17.7.1999, p. 23. 
OJ L 55, 28.2.2011, p.13 

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Regulation  (EC)  No  1987/2006  and  Decision  2007/533/JHA  establishing  the  committee 
contain  rules  on  the  former  regulatory  procedure.  However,  according  to  the  transitory 
measures of Regulation (EU) No 182/2011, the existing committees should start to work from 
1 March 2011 under the new rules, in the present case under the examination procedure.  The 
formal  modification  of  Regulation  (EC)  No  1987/2006  and  Decision  2007/533/JHA  is  not 
required. 

4. 

DETAILED EXPLANATION  

This proposal contains entirely or partially new provisions on the following: 

(a) 

Recast 

The  most  appropriate  mean  to  reflect  the  principles  of  better  regulation  is  to  apply  to  the 
recast legislative technique as  

a) a number of substantive amendments are to be made to the  migrations instruments and 

b) the pillar structure, which led to the existence of two legal instruments with an essentially 
identical content, is no longer relevant following the entry into force of the Treaty of Lisbon.  

Point  2  of  the  Interinstitutional  Agreement  of  28  November  2001  between  the  European 
Parliament, Council and Commission on a more structured use of the recasting technique for 
legal acts9 stipulates that where substantive amendments have to be made to an earlier legal 
act,  the  recasting  technique  permits  the  adoption  of  a  single  legislative  text  which 
simultaneously  makes the  desired amendment, codifies that amendment  with the unchanged 
provision of the earlier act, and repeals that act. In the joint declaration to that point the three 
institutions  stated  that  the  recasting  may  be  either  "vertical"  whereby  the  new  legal  act 
replaces a single earlier act with its subsequent amendments or "horizontal" whereby the new 
legal act replaces several parallel earlier acts relating to the same subject. 

Under  the  Treaty  on  the  Functioning  of  the  European  Union,  it  would  not  be  possible  to 
modify a former third pillar instrument. Therefore, the only one correct legal technique is to 
incorporate Regulation (EC) No 1104/2008 and Decision 2008/839/JHA in a single legal act 
under  the  same  legal  base.  The  recast  of  the  migration  instruments  therefore  combines  the 
elements of a vertical and a horizontal recast. 

This proposal indicates clearly the new and the adapted provisions. It contains a repeal clause 
as well as a correlation table. 

(b) 

Legal regimes for the migration 

This proposal applies a differentiated legal approach for the two phases of the migration from 
SIS 1+ to SIS II. The migration consists of two steps: 

(1) 

a data loading of N.SIS II  

The phase of data loading of N.SIS II continues to be governed by the Schengen Convention. 

9 

OJ C 77, 28.3.2002, p. 1. 

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(2) 

a switchover from N.SIS to N.SIS II 

This differentiated approach  enables Member States to use SIS II with all its functionalities 
from the moment of the switchover from SIS 1+ to SIS II by providing for the application of 
Regulation (EC) No 1987/2006 and Decision 2007/533/JHA. 

In accordance with Article 12 of the migration instruments as worded until now, the migration 
from SIS 1+ into SIS II is to take place pursuant to Title IV of the Schengen Convention. This 
rule, however, prevents Member States from using SIS II with its full functionalities from the 
moment  that  a  Member  State  successfully  switches  from  SIS  1+  into  SIS  II.  As  a 
consequence, the Member States have to disable all SIS II features that are not in SIS 1+ until 
the Council decides on the date of application of Regulation (EC) No 1987/2006 and Decision 
2007/533/JHA.  

On 23 February 2011 the Member States in the SIS-VIS Committee invited the Commission 
to initiate without delay the process of adapting the migration legal framework to reflect the 
technical  migration  approach  outlined  in  the  Migration  Plan.  The  Migration  Plan  describes 
that,  within  one  shot  switchover  period,  all  Member  States  will  perform  the  individual 
switchovers  of  their  national  application  from  SIS  I  into  SIS  II  one  after  the  other.  It  is 
desirable that a Member State that has switched over should be able to use SIS II fully as from 
the time of the switchover and it does not have to wait until other Member States have also 
switched  over.  Therefore,  it  is  necessary  to  apply  Regulation  (EC)  No  1987/2006  and 
Decision 2007/533/JHA from the time of the initiation of the switchover by the first Member 
State.  The  period  of  migration  should  be  kept  as  short  as  possible.  The  application  of 
Regulation (EC) No 1987/2006 and Decision 2007/533/JHA does not prevent Member States 
which have  not switched over yet or which have a fallback during the intensive monitoring 
period from using SIS II in functionalities limited to SIS 1+.  

The  proposal  not  only  enables  Member  States  to  take  full  advantage  of  all  the  advanced 
applications  available  by  SIS  II  but  also  represents  considerable  savings  for  the  Member 
States. 

(c) 

Interim migration architecture 

The application of Regulation (EC) No 1987/2006 and Decision 2007/533/JHA will replace 
Article 64 and Articles 92 to 119 of the Schengen Convention, with the exception of Article 
102a  thereof,  as  it  is  laid  down  in  Article  52  paragraph  1  and  Article  68  paragraph  1 
respectively  of  the  said  legal  acts.  As  article  92a  of  the  Schengen  Convention  contains 
detailed rules on the interim migration architecture, it is desirable to keep it in force during 
the entire duration of the migration process.  

The interim migration architecture for the operations of SIS 1+ allows that SIS 1+ and certain 
technical  parts  of  the  architecture  of  SIS  II,  which  need  to  be  in  use  to  make  possible  an 
incremental  migration  from  one  system  to  another,  operate  in  parallel  during  a  limited 
transitional period. 

It is therefore necessary to incorporate the relevant provisions of Article 92a of the Schengen 
Convention into the migration legal framework. 

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• 

Existing provisions in the area covered by this 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 
borders10 (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)11; 

–  Council Decision 2001/886/JHA of 6 December 200112 on the development of the second 

generation Schengen Information System (SIS II); 

–  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 
certificates13; 

–  Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down the 

network requirements for the Schengen Information System II14; 

–  Council  Regulation  (EC)  No  189/2008  of  18  February  2008  on  the  tests  of  the  second 

generation Schengen Information System (SIS II)15; 

–  Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation 

Schengen Information System (SIS II)16; 

–  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)17; 

–  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) 18; 

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18 

OJ L 239, 22.9.2000, p. 19 (OJ L 299, 8.11.2008, p. 43). 
OJ L 328, 13.12.2001, p. 4. 
OJ L 328, 13.12.2001, p. 1. 
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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–  Commission Decision 2009/724/JHA of 17 September 2009 laying down the date for the 
completion  of  migration  from  the  Schengen  Information  System  (SIS  1+)  to  the  second 
generation Schengen Information System (SIS II)19. 

5. 

• 

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  and  the  Global  Programme 
Management  Board.  In  addition,  SIS  II  developments  are  continuously  discussed  in  the 
Council preparatory bodies.  

European Data Protection Supervisor is also involved in the consultation given that personal 
data will also be uploaded the in the course of the migration. 

• 

Summary of responses and how they have been taken into account 

This  proposal  takes  into  account  the  result  of  extensive  discussions  with  Member  States 
within  the  Council,  especially  within  the  framework  of  the  SIS-TECH  and  SIS-SIRENE 
Council  working  groups,  as  well  as  of  the  views  expressed  by  the  members  of  the  Global 
Programme  Management  Board.  It,  furthermore,  responds  to  an  invitation  made  to  the 
Commission by the Member States to align the legal framework governing the migration with 
the technical scenario retained by their experts. 

• 

Collection and use of expertise 

External expertise was not used to prepare this proposal. 

• 

Impact assessment 

No  impact  assessment  is  required  for  this  proposal  as  it  is  the  continuation  of  a  technical 
project without clearly identifiable economic, social and environmental impacts. 

6. 

BUDGETARY IMPLICATIONS 

Regulation  (EC)  No  2424/2001  and  Decision  2001/886/JHA  laid  down  that  the  expenditure 
involved in the development of the SIS II is to be charged to the general budget of the Union. 
Under  Article  5  of  Regulation  (EC)  No  1987/2006  and  under  Article  5  of  Council  Decision 
533/2007/JHA  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 Union. The costs of 
testing,  operating  and  maintaining  each  N.SIS  II  shall  be  borne  by  the  Member  State 
concerned. 

Regulation  (EC)  No  1104/2008  and  Council  Decision  2008/839/JHA  maintained  the  same 
principles of costs distribution as above. However, a new category of costs  was  introduced, 
namely those related to the migration from SIS 1 to SIS II. Under Articles 15 of those legal 

19 

OJ L 257, 30.9.2009, p. 41. 

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acts the costs for migration at the central level, together with those for testing, maintenance 
and  development  measures  (Central  SIS  II  and  communication  infrastructure)  had  been 
allocated to the general budget of the Union. The costs associated with the national N.SIS II 
remained to be borne by the Member States. 

Regulation  (EC)  No  1987/2006  and  Decision  2007/533/JHA  as  well  as  Decision 
No 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing 
the  External  Borders  Fund  for  the  period  2007  to  2013  as  part  of  the  General  Programme 
Solidarity  and  Management  of  Migration  Flows20,  included  SIS  II  national  developments 
among  the  eligible  actions  to  be  co-financed  under  the  External  Borders  Fund  (EBF). 
Commission  Decision  2007/599/EC  of  27  August  2007 
implementing  Decision 
No 574/2007/EC of the European Parliament and of the Council as regards the adoption of 
strategic guidelines for 2007 to 201321  further  identified SIS II as one  of  the five strategic 
priorities  under  the  EBF,  recognizing  the  importance  of  supporting  the  coherent  and  timely 
development of the national projects alongside the central SIS II. 

Since  the  adoption  of  all  legal  acts  referred  above,  the  SIS  II  project  received  a  significant 
reorientation in the course of 2010, after the completion of an important test campaign, the so-
called Milestone 1. Furthermore, the evolutions in the use of SIS by its users (Member States) 
led to a need to update the SIS II technical requirements concerning performance and storage 
capacity,  which  increased  significantly  after  the  accession  of  nine  new  Member  States  and 
Switzerland. The upgraded features were reflected in the new version of the Interface Control 
Document,  the  ICD  3.0.  All  these  modifications  affected  the  costs  of  the  project  both  at 
central and national level.  

With regard to the migration process, the evolution in requirements and the advances made in 
the  completion  of  the  project  led  to  a  redefinition  of  the  migration  architecture,  of  the 
migration  calendar  and  of  the  testing  requirements.  An  important  part  of  the  activities  that 
would now be required at Member State level for the migration to SIS II were not anticipated 
at the time when Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA were 
adopted or at the time when the financial package and the multiannual programmes under the 
EBF were drawn up.   

It  is  therefore  necessary  to  partly  realign  the  cost  distribution  principles  insofar  as  the 
migration from SIS 1 to SIS II is concerned. Certain national activities related to migration, in 
particular in connection with the participation of Member States in migration-related testing 
activities could be co-financed from the SISII budget line of the general budget of the Union. 
This possibility would cover specific and well-defined activities beyond, and not to coincide 
with, other SIS II related actions which would continue to be supported under the EBF. The 
financial assistance thus provided under this proposal would therefore be complementary to 
that provided by the EBF.  

As  the  setting  up  of  the  national  systems  is  the  primary  obligation  of  Member  States,  the 
Union contribution remains optional and this proposal does not intend to create any obligation 
for  the  Union.  It  is  also  necessary  to  determine  the  ceiling  of  the  Union  contribution  in 
relation to each Member State. This proposal does not require any additional appropriations as 

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21 

OJ L 144, 6.6.2007, p. 22. 
OJ L 233, 5.9.2007, p. 3. 

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the appropriations still available in 2011 will be used to cover the difference between the total 
costs in 2012 and the appropriations entered in SIS II budget line for 2012. 

The  Commission  will  appraise,  decide  and  administer  the  co-financing  operation  in 
accordance  with  the  budgetary  and  other  procedures,  in  particularly  those  laid  down  in  the 
Financial  Regulation.  Member  States  must  comply  with  the  principles  of  sound  financial 
management, in particular, value for money and cost-effectiveness. The Commission will be 
entitled to carry out all the checks and inspections necessary to ensure the proper management 
of  the  Union  funds  and  to  protect  the  Union’s  financial  interest  against  any  fraud  or 
irregularity. The Court of Auditors of the European Union will be empowered to carry out the 
audits required by Article 287 of the Treaty on the Functioning of the European Union. 

The costs arising from activities at SIS 1+ level, including supplementary activities of France, 
acting on behalf of the Member States participating in SIS 1+, shall 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. 

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

7. 

• 

ADDITIONAL INFORMATION 

Amendment of existing legislation 

The proposal recasts Regulation (EC) No 1104/2008 and Decision 2008/839/JHA into a single 
legal act as a regulation. 

• 

Deletion of the expiry date 

Given  the  complexity  of  the  migration  process  which,  despite  extensive  preparation  by  all 
stakeholders,  entails  significant  technical  risks,  this  proposal  provides  for  the  necessary 
flexibility  to  respond  to  unexpected  difficulties  that  the  central  system  or  one  or  several 
national systems could face with during the migration process; therefore no longer contains an 
expiry date.  

In  accordance  with  Article  55  of  Regulation  (EC)  No  1987/2006  and  Article  71  Decision 
2007/533/JHA, it is for the Council to determine the dates for the applicability of those legal 
acts as well as for the migration. As following the migration a one-month fall back period is 
foreseen  in  the  technical  documentation  the  date  of  applicability  of  Regulation  (EC)  No 
1987/2006  and  Decision  2007/533/JHA  should  precede  the  expiry  of  the  migration 
instruments with at least one month. 

• 

Timetable 

In order to ensure the continuity of the preparations and the timely execution of the migration, 
this proposal should be adopted at the latest in the second quarter of 2012. 

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2012/0033 (NLE) 

Proposal for a 

COUNCIL REGULATION 

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

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Unionestablishing  the 
European Community, and in particular Article 7466 thereof, 

(cid:208) 1104/2008 
(cid:214) new 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament22, 

(cid:214) Having consultated the European Data Protection Suprevisor,  

Whereas: 

(cid:216) new 

(1) 

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)23  and  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)24 have been substantially amended. 
Since  further  amendments  are  to  be  made,  they  should  be  recast  in  the  interest  of 
clarity.  

(2) 

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 

(cid:208) 1104/2008 (adapted) 
(cid:214) new 

22 
23 
24 

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

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Federal  Republic  of  Germany  and  the  French  Republic  on  the  gradual  abolition  of 
checks  at  their  common  borders25  (the  Schengen  Convention),  and  the  further 
development,  thereof,  SIS  1+,  constitute  essential  tools  for  the  application  of  the 
provisions  of  the  Schengen  acquis  as  integrated  into  the  framework  of  the  European 
Union. 

The development of the second generation Schengen Information System (SIS II) was 
entrusted to the Commission pursuant to Council Regulation (EC) No 2424/200126 and 
Council  Decision  2001/886/JHA27  of  6  December  2001  on  the  development  of  the 
second  generation  Schengen  Information  System  (SIS  II).  (cid:214) Those  instruments 
expired  on  31  December  2008  prior  to  the  completion  of  the  SIS  II  developments. 
Those instruments therefore needed to be supplemented firstly by Regulation (EC) No 
1104/2008 and by Decision 2008/839/JHA and subsequently by this Regulation until a 
date  to  be  fixed  by  the  Council  acting  in  accordance  with  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)28     and  Council  Decision  2007/533/JHA  of  12  June  2007  on  the 
establishment,  operation  and  use  of  the  second  generation  Schengen  Information 
System (SIS II)29. 

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)30.  This  Regulation  should  be 
without prejudice to the provisions of those acts. 

Certain tests of SIS II are provided for in Council Regulation (EC) No 189/200831 and 
in  Council  Decision  2008/173/JHAEC32  on  the  tests  of  the  second  generation 
Schengen Information System (SIS II). 

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 
(cid:214)  presented by the Commission in October 2010   . 

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 
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.(cid:214)  Only 
test data should be used for the purpose of the comprehensive test. 

(3) 

(4) 

(5) 

(6) 

(7) 

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

(9) 

As regards SIS 1+, the Schengen Convention provides for a technical support function 
(C.SIS).  As  regards  SIS  II,  Regulation  (EC)  No  1987/2006  and  Decision 

25 
26 
27 
28 
29 
30 
31 
32 

OJ L 239, 22.9.2000, p. 19. 
OJ L 328, 13.12.2001, p. 4. 
OJ L 328, 13.12.2001, p. 1. 
OJ L 381, 28.12.2006, p. 4. 
OJ L 205, 7.8.2007, p. 63. 
OJ L 205, 7.8.2007, p. 63. 
OJ L 57, 1.3.2008, p. 1. 
OJ L 57, 1.3.2008, p. 14. 

EN 

11 

   EN 

 
                                                 
2007/533/JHA provide for a Central SIS II composed of a technical support function 
and  a  uniform  national  interface  (NI-SIS).  The  technical  support  function  of  Central 
SIS II should be located in Strasbourg (France) and a backup in St Johann im Pongau 
(Austria). 

(10) 

In order to better manage the potential difficulties brought about by the migration from 
SIS  1+  to  SIS  II,  an  interim  migration  architecture  for  SISthe  Schengen  Information 
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. 

(11)  The  Member  State  issuing  an  alert  should  be  responsible  for  ensuring  that  the  data 

entered into SISthe Schengen Information System is accurate, up to date and lawful. 

(12)  The Commission should remain responsible for Central SIS II and its communication 
infrastructure.  This  responsibility  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 and support for the 
joint activities. The Commission should provide, in particular, the necessary technical 
and  operational  support  to  the  Member  States  at  Central  SIS  II  level  including  the 
availability of a helpdesk. 

(13)  The  Member  States  are  and  should  remain  responsible  for  the  development  and 

maintenance of their national systems (N.SIS II). 

(14)  France  should  remain  responsible  for  the  technical  support  function  of  SIS  1+,  as 

expressly provided for in the Schengen Convention. 

(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. 

(cid:216) new 

(16) 

In  order  to  support  Member  States  in  opting  for  the  most  favourable  technical  and 
financial  solution  the  Commission  should  initiate  without  delay  the  process  of 
adapting  this  Regulation  by  proposing  a  legal  regime  for  the  migration  which  better 
reflects to the technical migration approach outlined in the Migration Plan for the SIS 
Project (Migration Plan) endorsed by Member States on 23 February 2011. 

(17)  The  Migration  Plan  describes  that  within  the  switchover  period  all  Member  States, 
consecutively,  will  perform  their  individual  switchover  of  the  national  application 
from  SIS  I  into  SIS  II.  It  is  desirable  from  a  technical  point  of  view  that  Member 
States  that  have  switched  over  be  able  to  use  SIS  II  full  scope  from  the  time  of  the 
switchover and do not have to wait until other Member States have also switched over. 
Therefore,  it  is  necessary  to  apply  Regulation  (EC)  No  1987/2006  and  Decision 
2007/533/JHA  from  the  time  of  the  initiation  of  the  switchover  by  the  first  Member 
State. The period of migration should be kept as short as possible. The application of 
Regulation (EC) No 1987/2006 and Decision 2007/533/JHA does not prevent Member 
States which have not switched over yet or which has a fall back to use SIS II limited 
to SIS 1+ functionalities during the intensive monitoring period. 

EN 

12 

   EN 

 
 
(18) 

It  is  necessary  to  maintain  the  application  of  certain  provisions  of  Title  IV  of  the 
Schengen Convention on a temporary basis by incorporating those provisions into this 
Regulation  as  they  provide  the  legal  framework  for  the  converter  and  the  interim 
migration architecture during the migration. The interim migration architecture for the 
operations  of  SIS  1+  allows  SIS  1+  and  certain  technical  parts  of  the  SIS  II 
architecture to operate in parallel during a limited transitional period which is needed 
to make possible an incremental migration. 

(cid:208) 541/2010 

(19)  Regulation  (EC)  No  1987/2006  and  Decision  2007/533/JHA  provide  that  the  best 
available technology, subject to a cost-benefit analysis, should be used for Central SIS 
II. The Annex to the Council Conclusions on the further direction of SIS II of 4-5 June 
2009 laid down milestones which should be met in order to continue with the current 
SIS II project. In parallel, a study has been conducted concerning the elaboration of an 
alternative technical scenario for developing SIS II based on SIS 1+ evolution (SIS 1+ 
RE)  as  the  contingency  plan,  in  case  the  tests  demonstrate  non-compliance  with  the 
milestone requirements. Based on these parameters, the Council may decide to invite 
the Commission to switch to the alternative technical scenario. 

(20)  The  description  of  the  technical  components  of  the  migration  architecture  should 
therefore be adapted to allow for another technical solution, and in particular the SIS 
1+ RE regarding the development of Central SIS II. SIS 1+ RE is a possible technical 
solution to develop Central SIS II and to achieve the objectives of the SIS II laid down 
in Regulation (EC) No 1987/2006 and Decision 2007/533/JHA.  

(21)  The SIS 1+ RE is characterised by uniqueness of means between SIS II development 
and SIS 1+ . The references in this Regulation to the technical architecture of SIS II 
and  to  the  migration  process  should  therefore,  in  case  of  implementation  of  an 
alternative  technical  scenario,  be  read  as  the  references  to  SIS  II  based  on  another 
technical  solution,  as  applied  mutatis  mutandis  to  the  technical  specificities  of  this 
solutions, in keeping with the objective to develop Central SIS II. 

(cid:208) 541/2010 
(cid:214) new 

(22) 

In any technical scenario, the result of migration at central level should be availability 
of  the  SIS  1+  database  and  new  SIS  II  functionalities,  including  additional  data 
categories,  in  the  Central  SIS  II  (cid:214) .  In  order  to  facilitate    data  loading  it  should  be 
specified that deleted data as referred to in Article 113 (2) of the Schengen Convention 
will not be migrated from SIS 1+ to SIS II.  

(23)  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 

(cid:208) 1104/2008  

EN 

13 

   EN 

 
 
 
 
 
 
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 Communities33 ("the Financial Regulation").   

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. 

(cid:208) 541/2010 

(24)  As  regards  the  financing  of  the  development  of  the  Central  SIS  II  based  on  an 
alternative technical solution, it should be covered by the general budget of the Union 
while respecting the principle of sound financial management. In accordance with the 
Financial  Regulation  the  Commission  may  delegate  budget  implementation  tasks  to 
national  public  sector  bodies.  Following  the  political  orientation  and  subject  to  the 
conditions laid down in the Financial Regulation, the Commission would be invited, in 
case  of  switchover  to  the  alternative  solution,  to  delegate  the  budget  implementation 
tasks related to the development of the SIS II based on SIS 1+ RE to France. 

(cid:216) new 

(25)  Regulation  (EC)  No  1987/2006  and  Decision  2007/533/JHA  as  well  as  Decision 
No 574/2007/EC  of  the  European  Parliament  and  of  the  Council  of  23 May  2007 
establishing  the  External  Borders  Fund  for  the  period  2007  to  2013  as  part  of  the 
General Programme Solidarity and Management of Migration Flows34 included SIS II 
national developments among the eligible actions to be co-financed under the External 
Borders  Fund  (EBF).  Commission  Decision  2007/599/EC  of  27  August  2007 
implementing  Decision  No 574/2007/EC  of  the  European  Parliament  and  of  the 
Council  as  regards  the  adoption  of  strategic  guidelines  for  2007  to  201335    further 
identified SIS II as one of the five strategic priorities under the EBF, recognizing the 
importance of supporting the coherent and timely development of the national projects 
alongside the central SIS II.  

Since  the  adoption  of  all  those  legal  acts,  the  SIS  II  project  received  a  significant 
reorientation in the course of 2010, after the completion of an important test campaign, 
the  so-called  Milestone  1.  Furthermore,  the  evolutions  in  the  use  of  the  SIS  by  the 
Member  States  led  to  a  need  to  update  the  SIS  II  technical  requirements  concerning 
performance  and  storage  capacity  which  affected  the  costs  of  the  project  both  at 
central and national level.  

(26)  With regard to the migration process, the evolution in requirements and the advances 
made  in  the  completion  of  the  project  led  to  a  redefinition  of  the  migration 
architecture, of the migration calendar and of the testing requirements. An important 
part  of  the  activities  that  would  now  be  required  at  Member  State  level  for  the 

33 
34 
35 

OJ L 248, 16.9.2002, p. 1. 
OJ L 144, 6.6.2007, p. 22. 
OJ L 233, 5.9.2007, p. 3. 

EN 

14 

   EN 

 
 
 
 
                                                 
migration  to  SIS  II  were  not  anticipated  at  the  time  when  Regulation  (EC)  No 
1104/2008 and Council Decision 2008/839/JHA were adopted or at the time when the 
financial package and the multiannual programmes under the EBF were drawn up.    

It  is,  therefore,  necessary  to  partly  realign  the  cost  distribution  principles  for  the 
migration  from  SIS  1+  to  SIS  II.  Certain  national  activities  related  to  migration,  in 
particular in connection with the participation of Member States in migration-related 
testing  activities  could  be  co-financed  from  the  SIS  II  budget  line  of  the  general 
budget of the Union. This possibility should cover specific and well-defined activities 
beyond, and not to coincide with, other SIS II related actions which would continue to 
be  supported  under  the  EBF.  The  financial  assistance  thus  provided  under  this 
proposal should be complementary to that provided by the EBF. 

(27)    In  relation  to  the  co-financing  provided  under  this  Regulation,  appropriate  measures 
should be taken to prevent irregularities and fraud and the necessary steps should be 
taken  to  recover  funds  lost,  wrongly  paid  or  incorrectly  used  in  accordance  with 
Council  Regulation  (EC,  Euratom)  No  2988/95  of  18  December  1995  on  the 
protection  of  the  European  Communities’  financial  interests36,  Council  Regulation 
(Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and 
inspections  carried  out  by  the  Commission  in  order  to  protect  the  European 
Communities’  financial  interests  against  fraud  and  other  irregularities37,  and 
Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 
May  1999  concerning  investigations  conducted  by  the  European  Anti-Fraud  Office 
(OLAF)38. 

(28) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council of 16 February 2011 laying down the rules and general 
principles concerning mechanisms for control by Member States of the Commission's 
exercise of implementing powers39. 

(cid:208) 541/2010 (adapted) 

(29)  The Commission and the Member States should continue to cooperate closely during 
all steps of the development and the migration in order to complete the process. In the 
Council conclusions on SIS II of 26-27 February 2009 and 4-5 June 2009, an informal 
body  consisting  of  the  experts  of  the  Member  States  and  designated  as  the  Global 
Programme  Management  Board,  was  established  to  enhance  the  cooperation  and  to 
provide direct Member States support to the central SIS II project. The positive result 
of the work of the group and the necessity to further enhance the cooperation and the 

36 
37 
38 
39 

OJ L 312, 23.12.1995, p. 1. 
OJ L 292, 15.11.1996, p. 2. 
OJ L 136, 31.5.1999, p. 1. 
OJ L 55, 28.2.2011, p. 13. 

EN 

15 

   EN 

 
 
 
 
                                                 
transparency of the project justify the formal integration of the group into the SIS II 
management structure. A group of experts, called the Global Programme Management 
Board  should  therefore  be  formally  established  to  complement  the  current  ⌦ SIS 
II ⌫  organisational  structure.  In  order  to  ensure  efficiency  as  well  as  cost 
effectiveness the number of experts should be limited. This group of experts should be 
without prejudice to the responsibilities of the Commission and of the Member States. 

(30)  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 data40 applies to the processing of personal data by the Commission. 

(cid:208) 1104/2008 

(cid:208) 1104/2008 (adapted) 
(cid:214) new 

(31)  The European Data Protection Supervisor, appointed pursuant to (cid:214) is responsible for 
monitoring  and  ensuring  the  application  of  Regulation  (EC)  No  45/2001 and  it 
Decision 2004/55/EC of the European Parliament and of the Council of 22 December 
2003 appointing the independent supervisory body provided for in Article 286 of the 
EC Treaty41, is competent to monitor the activities of the Community  ⌦ Union ⌫ 
institutions  and  bodies  in  relation  to  the  processing  of  personal  data.  (cid:214) This 
Regulation  should  be  without  prejudice  to  the  specific  provisions  of  the  Schengen 
Convention  as  well  as  of  Regulation  (EC)  No  1987/2006  and  of  Decision 
2007/533/JHA on the protection and security of personal data.  

(cid:216) new 

(32)  The  migration  is  a  complex  process  which,  despite  extensive  preparation  by  all 
stakeholders, entails significant technical risks. It is desirable for the legal framework 
to provide for the necessary flexibility to respond to unexpected difficulties which the 
central  system  or  one  or  several  national  systems  could  face  during  the  migration 
process. No expiry date should therefore be specified in this Regulation. The final date 
for  the  migration  is  to  be  set  by  the  Council  in  accordance  with  Article  55  (2)  of 
Regulation (EC) No 1987/2006 and Article 71 (2) of Decision 2007/533/JHA. 

(cid:208) 1104/2008 (adapted) 

(33)  Since  the  objectives  of  this  Regulation,  namely  setting  up  the  interim  migration 
architecture and migrating the datathe migration of data from SIS 1+ to SIS II, cannot 
be  sufficiently  achieved  by  the  Member  States  and  can,  therefore,  by  reason  of  the 

40 
41 

OJ L 8, 12.1.2001, p. 1. 
OJ L 12, 17.1.2004, p. 47. 

EN 

16 

   EN 

 
 
 
 
 
 
 
                                                 
scale  and  effects  of  the  action,  be  better  achieved  at  UnionCommunity  level,  the 
UnionCommunity  may  adopt  measures  in  accordance  with  the  principle  of 
subsidiarity,  as  set  out  in  Article  5  of  the  Treaty  on  the  European  Unionestablishing 
the European Community. 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. 

(34)  This Regulation respects the fundamental rights and observes the principles recognised 

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

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

the interim migration architecture. 

(35) 

In accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  on  the  Functioning  of  the 
European  Union,  Denmark  is  not  takingdoes  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  Treaty  establishing  the  European  Community,  Denmark  shallshould,  in 
accordance  with  Article  45  of  thatthe  said  Protocol,  decide  within  a  period  of  six 
months after the adoption of this Regulation whether it will implement it in its national 
law. 

(cid:208) 2008/839/JHA 
(cid:214) new 

(36)  This  Regulation  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which the United Kingdom is taking part, in accordance with 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  acquis42,  (cid:214)to  the  extent  that  that  article  refers  to  the  provision  of  the 
Schengen Convention establishing the SIS with the exception of Article 96 thereof.  

(37)  This  Regulation  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which  Ireland  is  taking  part,  in  accordance  with  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 acquis43, (cid:214)to the extent that that article refers to the 
provision  of  the  Schengen  Convention  establishing  the  SIS  with  the  exception  of 
Article 96 thereof.  

(38)  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  Council 
Decisions 2000/365/EC and 2002/192/EC respectively. 

(39)  As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of 
provisions of the Schengen acquis within the meaning of the Agreement concluded by 

42 
43 

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

EN 

17 

   EN 

 
 
                                                 
the Council of the European Union and the Republic of Iceland and the Kingdom of 
the 
Norway  concerning 
implementation,  application  and  development  of  the  Schengen  acquis44,  which  fall 
within the area referred to in Article 1, point G of Council Decision 1999/437/EC45 on 
certain arrangements for the application of that Agreement. 

latters'  association  of 

two  States  with 

those 

the 

(40)  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 acquis46, 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/EC47. 

(41)  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 2011/350/EU48. 

(42)  As  regards  Cyprus,  this  Regulation  constitutes  an  act  building  upon,  or  otherwise 
related to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of 
Accession, 

(cid:216) new 

HAS ADOPTED THIS REGULATION: 

(cid:208) 1104/2008 (adapted) 

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 
Information System II (SIS II), the establishment, operation and use of which is regulated by 
Regulation (EC) No 1987/2006 ⌦ and by Decision 2007/533/JHA ⌫ . 

44 
45 
46 
47 
48 

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 160, 18.5.2011, p. 19. 

EN 

18 

   EN 

 
 
 
                                                 
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. 

3.  The  development  of  SIS  II  may  be  achieved  by  implementing  an  alternative  technical 
scenario characterised by its own technical specifications. 

(cid:208) 541/2010 Art. 1.1 

(cid:208) 1104/2008 (adapted) 
(cid:214) new 

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); 

(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) 
(cid:214)  allowing the conversion and synchronisation of data between the C.SIS and the 
Central SIS II;  

(f)‘comprehensive test’ means the test referred to in Article 55(3)(c) of Regulation (EC) No 

1987/2006 ⌦ and in Article 71 (3)(c) of Decision 2007/533/JHA ⌫ ; 

(g)‘test on supplementary information’ means functional tests between the Sirene Bureaux. 

Article 3 

Subject matter and scope 

EN 

19 

   EN 

 
 
 
 
 
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  shall  be 
made available to the extent necessary: 

(cid:208) 541/2010 Art. 1.2 

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

(cid:208) 1104/2008 

(b) the communication infrastructure for SIS 1+ allowing the C.SIS to communicate with the 

N.SIS; 

(c) the N.SIS; 

(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; 

(e) the N.SIS II; 

(f) the converter. 

Article 5 

Main responsibilities in the development of SIS II 

1.  The  Commission  shall  continue  to  develop  the  Central  SIS  II,  the  communication 
infrastructure and the converter. 

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2.  France  shall  make  available  and  operate  C.SIS  in  accordance  with  the  provisions  of  the 
Schengen Convention. 

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

4.  The  Member  States  participating  in  SIS  1+  shall  maintain  N.SIS  in  accordance  with  the 
provisions of the Schengen Convention. 

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

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

(cid:208) 1104/2008 (adapted) 

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 implementing acts. Those 
acts  shall  be  adopted  in  accordance  with  the  examination  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  national  interface  ensuring  the  compatibility  of  N.SIS  II 
with Central SIS II, shall be implementing acts . Those acts shall be adopted in accordance 
with the examination procedure defined in Article ⌦ 17(2) ⌫ . 

Article 7 

Main activities 

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

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

3.  The  Commission  and  the  Member  States  participating  in  SIS  1+  shall  perform  the 
migration from SIS 1+ to SIS II. 

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

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5.  The  Commission  shall  provide  the  necessary  support  at  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 

1. The comprehensive test shall not start before 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 
⌦ and in Article 1 of Decision 2008/839/JHA ⌫ is sufficient to begin such a 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. 

4.  The  comprehensive  test  shall  follow  a  detailed  schedule  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+. 

7. The test results shall be analysed using the criteria referred tomentioned in paragraph 6 of 
this Article, 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 ⌦ and 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 

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1. The Member States participating in SIS 1+ shall conduct functional Sirene  SIRENE tests. 

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

3. The test on supplementary information shall 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 participating in SIS 1+ acting within the Council. 

5.  The  test  results  shall  be  analysed  by  the  Member  States  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 period. The N.SIS are connected to C.SIS, the N.SIS II to Central 
SIS II. 

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

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. 

(cid:208) 541/2010 Art. 1.3 

(cid:208) 1104/2008 

4. The Commission shall test the communication between Central SIS II and the converter. 

5. France shall test the communication between C.SIS and the converter. 

6.  The  Commission  and  France  shall  test  the  communication  between  Central  SIS  II  and 
C.SIS via the converter. 

7. France, together with the Commission, shall connect C.SIS via the converter to Central SIS 
II. 

8.  The  Commission,  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. 

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9. France shall make available data for test purpose, if necessary. 

(cid:208) 1104/2008 
(cid:214) new 

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. (cid:214)  Data 
of  SIS  1+  database  referred  to  in  Article  113  (2)  of  the  Schengen  Convention  shall  not  be 
introduced 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. 

(cid:208) 541/2010 Art. 1.4 

(cid:208) 1104/2008 (adapted) 

⌦ 3. The migration of the national system from SIS 1+ to SIS II starts with 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.  ⌫ 

⌦ The data loading as described in the first subparagraph shall be 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. ⌫ 

(cid:208) 1104/2008 
(cid:214) new 

4. The Commission shall assist in coordination and support of the common activities during 
the migration. 

(cid:214) 5. The switchover shall be carried out after the validation referred to in Article 8(7) on the 
date fixed by the Council in accordance with Article 55 (2) of Regulation (EC) No 1987/2006 
and Article 71 (2) of Decision 2007/533/JHA.  

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(cid:208) 1104/2008 

Article 12 

Substantive legal framework 

(cid:216) new 

During the migration for the data loading referred to in the first subparagraph  of Article 11 
(3), the provisions of Title IV of the Schengen Convention shall continue to apply to the SIS 
1+. 

As from the switchover of the first Member State from N.SIS to N.SIS II, as referred to in the 
second  subparagraph  of  Article  11  (3)  of  this  Regulation,  Regulation  (EC)  1987/2006  and 
Decision 533/2007/JHA shall apply.  

(cid:208) 1104/2008 

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. 

3.  Member  States  shall  in  particular  provide  the  necessary  support  at  N.SIS  II  level  for  the 
testing of the interim migration infrastructure. 

(cid:216) new 

Article 14 

Replacement of the national sections by N.SIS II 

1.  The  N.SIS  II  may  replace  the  national  section  referred  to  in  Article  92  of  the  Schengen 
Convention, in which case the Member States need not hold a national data file.  

2.  If  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  referred  to  in 
Article 92(2) and (3) of the Schengen Convention shall become compulsory functions towards 

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Central  SIS  II,  without  prejudice  to  the  obligations  referred  to  in  Article  5(1)  and  Article 
10(1), (2) and (3) of this Regulation.  

(cid:208) 1104/2008 

Article 15 

(cid:216) new 

Processing data and keeping of records in Central SIS II  

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

2. Central SIS II shall provide the services necessary for the entry and processing of SIS 1+ 
data,  the  online  update  of  N.SIS  II  national  copies,  the  synchronisation  of  and  consistency 
between N.SIS II national copies and the Central SIS II database and provide operations for 
initialisation and restoration of N.SIS II national copies. 

(cid:208) 1104/2008 

3. 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. 

4.  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. 

5.  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. 

6. Records may be kept longer if they are required for monitoring procedures that are already 
under way. 

7.  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. 

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(cid:208) 1104/2008 
(cid:214) new 

Article 16 

Costs 

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

2. The costs arising from (cid:214) installation  migration, testing, maintenance and development 
of the national systems (cid:214) as well as from the tasks to be performed by the national systems 
under this Regulation  shall be borne by each Member State concerned.  

(cid:216) new 

3. The Union may provide a financial contribution to the expenditures of the Member States 
for  their  migration  and  migration  related  testing  activities  performed  under  this  Regulation 
which are not eligible for funding under the External Borders Fund provided that the Member 
State concerned is able to clearly demonstrate its needs for additional funds. 

The Union contribution related to the activities referred to in the first subparagraph will take 
the  form  of  grants  as  provided  for  by  Title  VI  of  the  Financial  Regulation.  The  Union 
contribution shall not exceed 75 % of the eligible expenditures of each Member State and it 
shall not exceed EUR 750 000 per Member State. The Commission shall appraise, decide and 
administer the co-financing operation in accordance with the budgetary and other procedures, 
in particularly those laid down in the Financial Regulation. 

Each Member State requesting such a financial contribution shall prepare a financial forecast 
indicating  a  breakdown  of  the  operational  as  well  as  administrative  costs  of  the  activities 
related  to  the  testing  and  migration.  Where  Member  States  use  Union  funds  for  their 
expenditures, those expenditures shall be reasonable and comply with the principles of sound 
financial management, in particular, value for money and cost-effectiveness. Member States 
shall present a report to the Commission on their use of the Union's contribution by not later 
than six months following the date fixed by the Council in accordance with Article 55 (2) of 
Regulation (EC) No 1987/2006 and Article 71 (2) of Decision 2007/533/JHA.   

Where the Union contribution is not implemented or is implemented inadequately, partially or 
late,  the  Union  may  reduce,  withhold  or  terminate  its  financial  contribution.  Where  the 
Member  States  do  not  contribute  or  contribute  only  partially  or  late  to  the  financing  of 
activities referred to in paragraph 1, the Union may reduce its financial contribution. 

4. The Court of Auditors of the European Union shall be entitled to carry out the appropriate 
audits in liaison with national audit bodies or with the competent national departments. The 

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27 

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Commission  shall  be  empowered  to  carry  out  all  the  checks  and  inspections  necessary  to 
ensure the proper management of the Union funds and to protect the Union’s financial interest 
against any fraud or irregularity. To this end, the Member States shall make available all the 
relevant documents and records to the Commission and the Court of Auditors. 

5. The costs of installing and operating the technical support function referred to in Article 92 
(3) of the Schengen Convention, including the cost of lines connecting the national sections of 
SIS 1+ to the technical support function, and of activities performed in conjunction with tasks 
conferred  upon  France  for  the  purpose  of  this  Regulation  shall  be  borne  jointly  by  the 
Member States.   

Article 16 

Amendment of the provisions of the Schengen Convention 

The provisions of the Schengen Convention are hereby amended as follows. 

1. The following Article shall be inserted: 

‘Article 92A 

1.  As  from  the  entry  into  force  of  Council  Regulation  (EC)  No  1104/200849  and 
Council Decision 2008/839/JHA50 and relying on the definitions in Article 2 of that 
Regulation,  the  technical  architecture  of  the  Schengen  Information  System  may  be 
supplemented by: 

(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 the 
converter  allowing  the  conversion  and  synchronisation  of  data  between 
the C.SIS and the Central SIS II; 

(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. 

49 
50 

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

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2.  The  N.SIS  II  may  replace  the  national  section  referred  to  in  Article  92  of  this 
Convention, in which case the Member States need not hold a national data file. 

3.  The  central  SIS  II  database  shall  be  available  for  the  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 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  copies,  the  synchronisation  of  and 
consistency  between  N.SIS  II  national  copies  and  the  Central  SIS  II  database  and 
provide operations for initialisation and restoration of N.SIS II national copies. 

6.  France,  responsible  for  the  technical  support  function,  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).’» 

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

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.’» 

(cid:208) 1104/2008 (adapted) 

Article 171  

Committee 

⌦ 1.  The  Commission  shall  be  assisted  by  the  Committee  established  by  Article  51  of 
Regulation  (EC)  No  1987/2006  and  by  Article  67  of  Decision  2007/533/JHA.  That 
Committee shall be a committee within the meaning of Regulation (EU) No 182/2011. ⌫ 

⌦ 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 
applies. ⌫ 

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The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months. 

(cid:208) 541/2010 Art. 1.5  
(cid:214) new 

Article 18 

Global Programme Management Board 

1.  Without  prejudice  to  the  respective  responsibilities  and  activities  of  the  Commission,  the 
Committee referred to in Article 17, France and the Member States participating in SIS 1+, a 
group of technical experts, called the Global Programme Management Board (hereinafter the 
Board), is hereby set up. The Board shall be an advisory body for assistance to the central SIS 
II  project  and  shall  facilitate  consistency  between  central  and  national  SIS  II  projects.  The 
Board shall have no decision-making power nor any mandate to represent the Commission or 
Member States. 

2. The Board shall be composed of a maximum of 10 members, meeting on a regular basis. A 
maximum of 8 experts and an equal number of alternates shall be designated by the Member 
States (cid:214) participating in SIS 1+  acting within the Council. A maximum of two experts and 
two  alternates  shall  be  designated  by  the  Director-General  of  the  responsible  Directorate-
General of the Commission from among the Commission officials. 

The meetings of the Board may be attended by other experts of Member States’ experts and 
Commission  officials  directly  involved  in  the  development  of  the  SIS  II  projects,  at  the 
expense of their respective administration or institution. 

The Board may invite other experts to participate in the Board’s meetings as defined in the 
terms of reference referred to in paragraph 5, at the expense of their respective administration, 
institution or company. 

3.  Experts  designated  by  the  Member  States  acting  as  Presidency  and  incoming  Presidency 
shall always be invited to participate in the Board’s meetings. 

4. The Board’s secretariat shall be ensured by the Commission. 

5.  The  Board  shall  draw  up  its  own  terms  of  reference  which  shall  include  in  particular 
procedures on: 

– 

– 

– 

– 

– 

alternative chairmanship between the Commission and the Presidency, 

meeting venues, 

preparation of meetings, 

admission of other experts, 

communication plan ensuring full information to non-participating Member States. 

The  terms  of  reference  shall  take  effect  after  a  favourable  opinion  has  been  given  by  the 
Director-General of the responsible Directorate-General of the Commission and by Member 

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States (cid:214) participating in SIS 1+  meeting within the framework of the Committee referred 
to in Article 17. 

6. The Board shall regularly submit written reports about the progress of the project including 
advice which has been given, and its justification, to the Committee referred to in Article 17 
or, as appropriate, to the relevant Council preparatory bodies. 

7.  Without  prejudice  to  Article  16(2),  the  administrative  costs  and  travel  expenses  arising 
from  the  activities  of  the  Board  shall  be  borne  by  the  general  budget  of  the  Union,  to  the 
extent  that  they  are  not  reimbursed  from  other  sources.  As  regards  travel  expenses  of  the 
members in the Board designated by the Member States (cid:214) participating in SIS 1+  acting 
within the Council and experts invited pursuant to paragraph 3 of this Article which arise in 
connection  with  the  work  of  the  Board,  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. 

(cid:208) 1104/2008 

Article 19 

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. 

(cid:216) new 

Article  20 

Repeal 

Regulation (EC) No 1104/2008 and Decision 2008/839/JHA is repealed. 

References to the repealed Regulation (EC) No 1104/2008 and Decision 2008/839/JHA shall 
be  construed  as  references  to  this  Regulation  and  shall  be  read  in  accordance  with  the 
correlation table in Annex II. 

(cid:208) 1104/2008 (adapted) 
(cid:206)1 541/2010 Art. 1.6 (adapted) 

Article 21  

Entry into force and applicability 

⌦ This  Regulation  shall  enter  into  force  on  the  twentieth  day  following that  of   its 
publication in the Official Journal of the European Union. ⌫ (cid:206)1 It shall expire on a date to 

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be  fixed  by  the  Council,  acting  in  accordance  with  Article  55(2)  of  Regulation  (EC)  No 
1987/2006 and  Article  71  (2)  of  Decision  2007/533.,  and  in  any  case  no  later  than  on  31 
March  2013  or  on  31  December  2013  in  case  of  a  switchover  to  an  alternative  technical 
scenario as referred to in Article 1(3) of this Regulation.  

⌦ This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  the  Member 
States in accordance with the Treaty on the Functioning of the European Union establishing 
the European Community. ⌫ 

Done at Brussels,  

For the Council 
The President

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(cid:207) 

ANNEX I 

Repealed acts with their successive amendments 

Council Regulation (EC) No 1104/2008 

(OJ L 299, 8.11.2008, p. 1) 

Council Regulation (EC) No 541/2010 

(OJ L 155, 22.6.2010, p. 19) 

Council Decision 2008/839/JHA 

(OJ L 299, 8.11.2008, p. 43) 

Council Decision 542/2010/JHA 

(OJ L 155, 22.6.2010, p. 23) 

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33 

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ANNEX II 

Correlation table 

Council  Regulation 
No 1104/2008 

(EC) 

Council 
2008/839/JHA 

Decision 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

- 

Article 14 

- 

Article 15 

Article 16 

Article 17 

Article 17a 

Article 18 

- 

Article 19 

- 

- 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

- 

Article 14 

- 

Article 15 

Article 16 

Article 17 

Article 17a 

Article 18 

- 

Article 19 

- 

- 

34 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

- 

Article 17 

Article 18 

Article 19 

Article 20 

Article 21 

Annex I 

Annex II 

   EN 

EN 

 
 
EN 

35 

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LEGISLATIVE FINANCIAL STATEMENT  

1. 

1.1. 

1.2. 

1.3. 

1.4. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE ............................................... 34 

Title of the proposal/initiative.................................................................................... 34 

Policy area(s) concerned in the ABM/ABB structure................................................ 34 

Nature of the proposal/initiative ................................................................................ 34 

Objectives................................................................................................................... 34 

1.4.1.  The Commission's multiannual strategic objective(s) targeted by the proposal/initiative  34 

1.4.2.  Specific objective(s) and ABM/ABB activity(ies) concerned................................... 34 

1.4.3.  Expected result(s) and impact .................................................................................... 34 

1.4.4. 

Indicators of results and impact ................................................................................. 34 

1.5. 

Grounds for the proposal/initiative ............................................................................ 34 

1.5.1.  Requirement(s) to be met in the short or long term ................................................... 34 

1.5.2.  Added value of EU involvement................................................................................ 34 

1.5.3.  Lessons learned from similar experiences in the past................................................ 34 

1.5.4.  Coherence and possible synergy with other relevant instruments ............................. 34 

1.6. 

1.7. 

2. 

2.1. 

2.2. 

Duration and financial impact.................................................................................... 34 

Management mode(s) envisaged................................................................................ 34 

MANAGEMENT MEASURES ................................................................................ 34 

Monitoring and reporting rules .................................................................................. 34 

Management and control system................................................................................ 34 

2.2.1.  Risk(s) identified........................................................................................................ 34 

2.2.2.  Control method(s) envisaged ..................................................................................... 34 

2.3. 

Measures to prevent fraud and irregularities.............................................................. 34 

3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE............ 34 

Heading(s) of the multiannual financial framework and expenditure budget line(s) affected
.................................................................................................................................... 34 

3.2. 

Estimated impact on expenditure ............................................................................... 34 

3.2.1.  Summary of estimated impact on expenditure........................................................... 34 

EN 

36 

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3.2.2.  Estimated impact on operational appropriations........................................................ 34 

3.2.3.  Estimated impact on appropriations of an administrative nature............................... 34 

3.2.3.1.  Summary .................................................................................................................... 34 

3.2.3.2.  Estimated requirements of human resources ............................................................. 34 

3.2.4.  Compatibility with the current multiannual financial framework ............................. 34 

3.2.5.  Third-party contributions ........................................................................................... 34 

3.3. 

Estimated impact on revenue ..................................................................................... 34 

EN 

37 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

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

1.2. 

Policy area(s) concerned in the ABM/ABB structure51  

Title 18: Area of freedom, security and justice (Title: 18)  

Solidarity – External borders, return, visa policy and free movement of people (Chapter 18 02) 

1.3. 

Nature of the proposal/initiative  

(cid:133) The proposal/initiative relates to a new action  

(cid:133) The proposal/initiative relates to a new action following a pilot project/preparatory action52  

⌧ The proposal/initiative relates to the extension of an existing action  

(cid:133) The proposal/initiative relates to an action redirected towards a new action  

1.4. 

Objectives 

1.4.1.  The Commission's multiannual strategic objective(s) targeted by the proposal/initiative  

The EU information management strategy included in the Stockholm Programme53 is one of 
the  priorities  set  by  the  European  Council  in  2010  in  the  Area  of  Freedom,  Security  and 
Justice.  The  Schengen  Information  System  is  at  the  heart  of  the  compensatory  measures 
ensuring a high level of security following the lifting of the internal borders. 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned  

Specific  objective  No.1:  To  enable  persons  to  cross  internal  borders  without  border  checks, 
promote  secure  borders  and  prevent  irregular  migration  by  developing  further  an  integrated 
external  border  management  system  and  high  standards  of  border  checks  including  by  the 
development of SIS II and the financial support from the External Borders Fund. 

ABM/ABB activity(ies) concerned 

51 
52 
53 

ABM: Activity-Based Management – ABB: Activity-Based Budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 
"The Stockholm programme — an open and secure Europe serving and protecting citizens" – OJ C115 of 4.5.2010. 

EN 

38 

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Chapter 18.02: Solidarity – External borders, return, visa policy and free movement of people 

1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 
The migration instruments54 aim to facilitate the successful migration from SIS 1+ to SIS II by 
specifying the migration architecture, the technical prerequisites, the phases of the migration 
itself  and  the  respective  responsibilities  of  the  Commission  and  of  the  Member  States 
participating in SIS 1+. 

The main purpose of the proposal is to align the legal framework governing the migration with 
the  technical  scenario  retained  by  Member  States  experts55  and  to  include  in  the  legal 
framework a few further elements of flexibility (see section 1.5.3 below).  

In addition, further to the entry into force of the Lisbon Treaty, the proposal also merges the 
migration  legal  framework  into  a  single  legal  act  which  was  previously  split  between  two 
legislative instruments according to the pillar structure of the previous Treaties.  

1.4.4. 

Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal/initiative. 

The primary objective of the proposal will be reached with the successful uploading of SIS1+ 
data to the SIS II central system (and national systems), the successful switchover of national 
applications and ultimately the full availability for all Member States of SIS II functionalities. 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term  

It  is  necessary  for  the  Member  States  as  well  as  for  the  Commission  to  put  in  place  all 
technical  elements  and  to  execute  successfully  the  tests  required  for  the  comprehensive  test 
during the preparatory phase of the migration. 

1.5.2.  Added value of EU involvement 

The  very  nature  of  SIS  II  is  to  share  information  regarding  certain  categories  of  persons  and  objects 
between law enforcement authorities, border guards, customs, visa and judicial authorities of Schengen 
Countries.    The  Commission  is  responsible  for  the  technical  development  of  the  Central  SIS  II,  the 
communication  infrastructure  and  the  converter.    Furthermore,  the  Commission  is  to  coordinate  the 
activities  related  to  the  development  of  the  SIS  II  and  to  provide  Member  States  with  the  necessary 
support  for  the  implementation  of  their  tasks  and  responsibilities,  thereby  ensuring  consistency 
between the central and the national projects. 

54 

55 

Council  Regulation  (EC)  No  1104/2008  of  24  October  2008  on  the  migration  from  the  Schengen  Information 
System  (SIS  1+)  to  the  second  generation  Schengen  Information  System  (SIS  II)    (OJ  L  299,  8.11.2008,  p. 
1);Council Decision 2008/839/JHA of 24 October 2008 on the migration from the Schengen Information System 
(SIS 1+) to the second generation Schengen Information System (SIS II) (OJ L 299, 8.11.2008, p. 43). 
This  technical  scenario  ('known  as  'Migration  Plan')  was  unanimously  endorsed  by  Member  States  in  the 
framework of the SISVIS Committee of 23 February 2011. 

EN 

39 

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1.5.3.  Lessons learned from similar experiences in the past 

The legal framework must allow for sufficient flexibility in order to avoid unnecessary costs in 
connection to the migration process.  In particular, Member States that have already switched 
over to SIS II should be allowed to use it with all its functionalities without having to wait for 
the successful switchover of all remaining Member States. 

It is also necessary to provide for the option for co-financing from the general budget of the 
European  Union  certain  national  activities  related  to  the  migration  (and  in  particular  in 
connection with the participation of Member States in migration-related testing activities) in 
order to facilitate a smooth and orderly migration process. 

1.5.4.  Coherence and possible synergy with other relevant instruments 

The proposal builds upon Regulation (EC) No 1987/200656 and Decision No 2007/533/JHA57 
on  the  establishment,  operation  and  use  of  the  second  generation  Schengen  Information 
System (SIS II). The date of expiry of this proposed regulation will be determined by the two 
aforesaid legal acts. Moreover, this proposal is consistent with other legal acts concerning the 
testing, the network and the security of SIS II. 

1.6. 

Duration and financial impact  

⌧ Proposal/initiative of limited duration  

–  ⌧ Proposal/initiative  in  effect  from  1  July  201258  until  the  completion  of  the  migration, 

foreseeably not later than 30 June 2013. 

–  ⌧Financial impact in 2012 to 2013  

(cid:133) Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from YYYY to YYYY, 

–  followed by full-scale operation. 

Comment  

The  expiry  date  for  the  migration  is  not  set  out  in  the  proposed  regulation  but  will  be 
determined  by  the  Council  in  line  with  Article  55  (2)  of  Regulation  (EC)  No  1987/2006  and 
Article 71 (2) of Decision 2007/533/JHA. 

56 

57 

58 

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)  (OJ  L  381, 
28.12.2006, p. 4) 
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) (OJ L 205, 7.8.2007, p. 63) 
Target date for entry into operation of the amended Council Regulation subject of this proposal. 

EN 

40 

   EN 

 
                                                 
1.7.  Management mode(s) envisaged59  

⌧ Centralised direct management by the Commission  

(cid:133) Centralised indirect management with the delegation of implementation tasks to: 

–  (cid:133)  executive agencies  

–  (cid:133)  bodies set up by the Communities60  

–  (cid:133)  national public-sector bodies/bodies with public-service mission  

–  (cid:133)  persons entrusted with the implementation of specific actions pursuant to Title V of the 
Treaty  on  European  Union  and  identified  in  the  relevant  basic  act  within  the  meaning  of 
Article 49 of the Financial Regulation  

(cid:133) Shared management with the Member States  

(cid:133) Decentralised management with third countries  

(cid:133) Joint management with international organisations (to be specified) 

If more than one management mode is indicated, please provide details in the "Comments" section. 

59 

60 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 
As referred to in Article 185 of the Financial Regulation. 

EN 

41 

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2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

The  Commission  rigorously  supervises  and  monitors  the  contractor's  work  on  a  continuous 
basis,  in  close  cooperation  with  its  quality  assurance  contractor  and  the  Global  Project 
Management Board.  

In line with the contractual provisions, the Commission assesses progress of the SIS II project 
at regular points and performance is measured against required standards and pre-set criteria, 
with the assistance of a quality assurance contractor.  

Progress  reports  describing  the  work  carried  out  concerning  the  development  of  the  second 
generation Schengen Information System (SIS II) and preparations for migration from SIS 1+ 
to SIS II are presented to the Council and the European Parliament on a six-monthly basis in 
accordance with Article 18 of the migration instruments.  These reports systematically include 
a section detailing budget execution (commitments and payments) related to the central SIS II 
project. 

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

1.  At  central  level:  risk  of  a  delay  in  the  global  schedule  due  to  unscheduled  events  or 
underperformance by the main development contractor. 

2. At national level: risk of a delay impacting the global schedule due to lack of readiness of 
one  or  several  Member  States  with  national  developments  (lack  of  readiness  of  certain 
Member States for participating in the testing phases foreseen in the global schedule either due 
to  delayed  procurement,  technical  difficulties  or  to  a  shortage  of  financial  resources  to 
continue the national developments and to complete the migration) 

The  late  readiness  of  at  least  one  Member  State  could  jeopardise  the  entry  into  operation  of 
SIS II because the legal prerequisites for the system to go-live would not be met (i.e.: the need 
for  all  Member  States  to  notify  their  readiness  and  the  successful  completion  of  a 
comprehensive test with all Member States). 

2.2.2.  Control method(s) envisaged  

The Commission rigorously monitors the project's risks, in close cooperation with the Global 
Project Management Board, the Member States and its quality assurance contractor.  

Use of the possible co-financing will be subject of the control exercised by the Commission 
and the Court of Auditors.  

EN 

42 

   EN 

 
2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures. 

The Commission will  appraise, decide  and  administer the  co-financing financing option (via 
grants)  from  the  general  budget  of  the  Union  in  line  with  the  prescriptions  of  the  Financial 
Regulation. The Commission may reduce, withhold or terminate its financial contribution. The 
Commission  and  the  Court  of  Auditors  will  be  entitled  to  carry  out  all  the  checks  and 
inspections  necessary  to  ensure  the  proper  management  of  the  Union's  financial  interest 
against fraud or irregularity. 

EN 

43 

   EN 

 
3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1. 

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

•  Existing expenditure budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of  
expenditure

Contribution  

Number  
Schengen Information System II 

DA  
(61) 

from 
EFTA62 
countries 

from 
candidate 
countries63 

from third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

Heading of 
multiannual 
financial 
framework 

3A 

18 02 04 

DA 

NO 

NO 

YES 

NO 

•  New budget lines requested: None  

61 
62 
63 

DA= Differentiated appropriations / DNA= Non-Differentiated Appropriations 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

44 

   EN 

 
                                                 
3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial 
framework:  

3 A 

Freedom, security and justice 

EUR million (to 3 decimal places) 

DG: HOME 

(cid:121) Operational appropriations  

Number of budget line 18.02.04 

Number of budget line 

Appropriations 
of 
 from the envelope of specific programs64  
Number of budget line 

an 

administrative 

TOTAL appropriations 
for DG HOME 

Year 
2012 (pro 
rata from 
1 July) 

Year 
2013 (pro 
rata until 
30 June) 

Year 
N+3 

… enter as many yeaers as 
necessary to show the 
duration of the impact (see 
point 1.6) 

TOTAL 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

nature 

financed 

Commitments 

Payments 

(3) 

=1+1a 
+3 

=2+2a 

+3 

28.120 
18.184 

7.120 
17.056 

28.120 65 

7.120 

18.184 

17.056 

35.240 
35.240 

35.240 

35.240 

64 

65 

EN 

Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former "BA" lines), indirect 
research, direct research. 
Since unspent amounts are still available, these will be used. Therefore no budget modification will be required. 

45 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Heading of multiannual financial 
framework:  

5 

" Administrative expenditure " 

EUR million (to 3 decimal places) 

Year 
2012 

Year 
2013 

Year 
N+3 

… enter as many years as necessary to 
show the duration of the impact (see 
point 1.6) 

DG: HOME 

(cid:121) Human resources  
(cid:121) Other administrative expenditure  

TOTAL DG HOME 

Appropriations  

(pro rata 
from 
 1 July) 

(pro rata 
until  
30 June) 

2.675 

0.152 

2.827 

2.439 

0.152 

2.590 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total 
= Total payments) 

commitments 

2.827 

2.590 

TOTAL 

5.114 

0.304 

5.418 

5.418 

Year 
2012 

Year 
2013 

Year N+3 

… enter as many years as necessary to 
show the duration of the impact (see 
point 1.6) 

TOTAL 

EUR million (to 3 decimal places) 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework  

Commitments 

30.947 

9.710 

Payments 

21.011 

19.646 

40.658 

40.658 

EN 

46 

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3.2.2.  Estimated impact on operational appropriations  

–  (cid:133)  The proposal/initiative does not require the use of operational appropriations  

–  ⌧ The proposal/initiative requires the use of operational appropriations, as explained below: 

Indicate 
objectives 
and outputs 

(cid:216) 

Commitment appropriations in EUR million (to 3 decimal places) 

Year 
2012 
(pro rata from 1 July) 

Year 
2013 
(pro rata until 30 June) 

TOTAL 

Type of output66 

Average yearly cost 
of the ouput 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

SPECIFIC OBJECTIVE No 167 

Preparation of operations SIS II 

- Output 1 

SIS II changes 

- Output 2 

Quality Assurance 

- Output 3 

- Output 4 

- Output 5 

- Output 6 

sTESTA (communication 
infrastructure) 

Security audits 

Option security 

Option MS co-financing

68

Cost 

0 

1.250 

7.500 

0.500 

0.500 

15.750 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

Total number of 
ouputs 

Total  
cost 

0 

1.250 

0 

0 

0 

5.250 

0 

2.500 

7.500 

0.500 

0.500 

21.000 

66 
67 
68 

EN 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. "Specific objective(s)…" 
Costs  linked  to  Member  States  participation  in  the  activities  for  the  preparation  of  the  migration,  in  particular  the  coordination  of  tests.  According  to  estimates,  the 
additional costs associated with preparations for migration should be approximately the same for each Member State irrespective of size: 1 project manager at €1.500€/ 

47 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
- Output 7 

Global Project Management 

- Output 8 

Studies 

- Output 9 

Information Campaign 

Sub-total for specific objective N°1 

TOTAL COST 

0.120 

2.000 

0.500 

28.120 

28.120 

0.120 

0 

0.500 

7.120 

7.120 

0.240 

2.000 

1.000 

35.240 

35.240 

day, 4 specialists at €1.200 per day (database administrator,  systems specialist and application specialists/developers) and 2,5 operators at 700 per day, amounting to a 
total of 8050 per day for a duration of 120 days = 966 000 € / Member State participating to SIS1+.  It is assumed that 75% of  the corresponding appropriations will be 
committed in 2012 and the rest in 2013. 

EN 

48 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                                                                                                                                                                                 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

–  (cid:133)  The  proposal/initiative  does  not 

require 

the  use  of  administrative 

appropriations  

–  ⌧ The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 

Year N+3 

…  enter  as  many  years  as 
necessary  to  show  the  duration  of 
the impact (see point 1.6) 

TOTAL 

5.114 

0.304 

5.418 

explained below: 

EUR million (to 3 decimal places) 

Year 
2012 

Year 
2013 

(pro rata 
from  
1 July) 

(pro rata 
until  
30 June) 

HEADING 5 
of the multiannual 
financial framework 

Human resources  

2.675 

2.439 

0.152 

0.152 

2.827 

2.590 

Other administrative 
expenditure  

Subtotal HEADING 5 
of the multiannual 
financial framework  

Outside HEADING 569 
of the multiannual 
financial framework  

Human resources  

Other expenditure  
of an administrative 
nature 

Subtotal  
outside HEADING 5 
of the multiannual 
financial framework  

TOTAL 

2.827 

2.590 

5.418 

69 

Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU 
programmes and/or actions (former "BA" lines), indirect research, direct research. 

EN 

49 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.2.   Estimated requirements of human resources  

–  (cid:133)  The proposal/initiative does not require the use of human resources  

–  ⌧ The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year 
2012 

Year 
2013 

… enter as many years as 
necessary to show the 
duration of the impact 
(see point 1.6) 

(cid:121) Establishment plan posts (officials and temporary agents) 

XX 01 01 01 (Headquarters and Commission’s 
Representation Offices) 

33 

32 

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

(cid:121) External personnel (in Full Time Equivalent unit: FTE)70 

XX 01 02 01 (CA, INT, SNE from the "global 
envelope") 

17 

12 

XX 01 02 02 (CA, INT, JED, LA and SNE in 
the delegations) 

XX 01 04 yy 71 

- at Headquarters72 

- in delegations  

XX 01 05 02 (CA, INT, SNE - Indirect 
research) 

10 01 05 02 (CA, INT, SNE - Direct research) 

Other budget lines (specify) 

TOTAL 

50 

44 

XX is the policy area or budget title concerned. 

The  human  resources  required  will  be  met  by  staff  from  the  DG  who  are  already  assigned  to 
management of the action and/or have been redeployed within the DG, together if necessary with any 
additional allocation which may be granted to the managing DG under the annual allocation procedure 
and in the light of budgetary constraints. This is without prejudice to the establishment of a European 
Agency for the operational management of large-scale IT systems in the area of freedom, security and 
justice73 and the externalisation of tasks to the said Agency, which will have freed 50 FTE (27 posts 
and 23 FTE of external personnel) working on SIS II, VIS and EURODAC by the end of 2013. 

70 

71 
72 

73  

CA= Contract Agent; INT= agency staff ("Intérimaire"); JED= "Jeune Expert en Délégation" (Young 
Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert;  
Under the ceiling for external personnel from operational appropriations (former "BA" lines). 
Essentially  for  Structural  Funds,  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and 
European Fisheries Fund (EFF). 

Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October    
2011 establishing a European Agency for the operational management of large-scale IT 
systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, p. 1). 

EN 

50 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
2012 

Calculation: Officials and Temporary agents 

AD/AST – 127.000 EUR per year * 33 persons = 4.191 mEUR 

From 1 July to 31 Dec.: 2.096 mEUR 

Calculation: External personnel 

Contractual staff: 64.000 EUR per year * 9 persons = 0.576 mEUR 
National experts: 73.000 EUR per year * 8 persons = 0.584 mEUR 
Total external personnel: 1.160 mEUR 

From 1 July to 31 Dec.: 0.580 mEUR 

2013 

Calculation: Officials and Temporary agents 

AD/AST – 127.000 EUR per year * 32 persons = 4.064 mEUR 

From 1 Jan to 30 June.: 2.032 mEUR 

Calculation: External personnel 

Contractual staff: 64.000 EUR per year * 7persons =  0.448 mEUR 
National experts: 73.000 EUR per year * 5 persons = 0.365  mEUR 
Total external personnel: 0.813 mEUR 

From 1 Jan to 30 June.: 0.407 mEUR 

Description of tasks to be carried out: 

Officials and temporary agents 

Programme  coordination,  project  management,  evaluation  &  reporting,  public 
procurement, contract management 

External personnel 

Technical management, IT and administrative support 

EN 

51 

   EN 

 
 
 
 
 
 
 
                                                                                                                                                         
 
3.2.4.  Compatibility with the current multiannual financial framework  

–  ⌧ Proposal/initiative is compatible the current multiannual financial framework. 

–  (cid:133)  Proposal/initiative  will  entail  reprogramming  of  the  relevant  heading  in  the 

multiannual financial framework. 

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding 
amounts. 

–  (cid:133)  Proposal/initiative requires application of the flexibility instrument or revision 

of the multiannual financial framework74. 

Explain what is required, specifying the headings and budget lines concerned and the corresponding 
amounts. 

3.2.5.  Third-party contributions  

–  The proposal/initiative does not provide for co-financing by third parties  

–  The proposal/initiative provides for the co-financing estimated below: 

Appropriations in EUR million (to 3 decimal places) 

Year 
2012 

Year 
2013 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

Total 

Specify  the  co-financing 
body  

TOTAL appropriations 
cofinanced  

74 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

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3.3. 

Estimated impact on revenue  

–  (cid:133)  Proposal/initiative has no financial impact on revenue. 

–  ⌧ Proposal/initiative has the following financial impact: 

(cid:133) 

(cid:133) 

on own resources  

on miscellaneous revenue  

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  (2.406882  %)  and  from  Iceland:  (0.073102  %)  [2010 
figures]  for  operational  costs,  based  on  Art  12  (1)  2nd  paragraph  of  the  Agreement 
concluded by the Council of the European Union and the Republic of Iceland and the 
Kingdom  of  Norway  concerning  the  latter's  association  with  the  implementation, 
application and development of the Schengen acquis75 . 

Contribution from Switzerland (3.043387 %) and from Liechtenstein: (0.026579 %) 
[2010 figures] for operational costs, based on Art 11 (3) 2nd paragraph of Agreement 
between  the  European  Union,  the  European  Community,  the  Swiss  Confederation 
and  the  Principality  of  Liechtenstein  concerning  the  latter's  association  with  the 
implementation, application and development of the Schengen acquis  76 

EUR million (to 3 decimal places) 

Impact of the proposal/initiative77 

… insert as many columns as necessary 
in order to reflect the duration of the 
impact (see point 1.6) 

Budget revenue line: 

NO contribution 

IS contribution 

CH contribution 

LIE contribution 

TOTAL Article xxxx 

Appropriation
s available for 
the ongoing 
budget 
exercise 

Year 
2012 

Year 
2013 

0.438 

0.411 

0.013 

0.012 

0.553 

0.519 

0.005 

0.004 

1.009 

0.947 

For miscellaneous assigned revenue, specify the budget expenditure line(s) affected. 

75 
76 
77 

OJ L 176, 10.7.1999, p. 36 
OJ L 53, 27.2.2008, p. 52 and OJ L 160, 18.6.2011, p. 84 
As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25% for collection costs. 

EN 

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Specify the method for calculating the impact on revenue. 

See above 

EN 

54 

   EN