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

1.3.2008 EN Official Journal of the European Union L 57/14
COUNCIL DECISION
of 18 February 2008
on the tests of the second generation Schengen Information System (SIS II)
(2008/173/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on European Union,
Having regard to Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (1), and in particular Article 4(c) and Article 6(6) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The development of the second generation Schengen Information System (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (2) and Decision 2001/886/JHA. The network requirements for SIS II development are established by Commission Decision 2007/170/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II (first pillar) (3) and by Commission Decision 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II (third pillar) (4).
(2) The second generation Schengen Information System (SIS II) was established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council (5) and by Council Decision 2007/533/JHA (6) on the establishment, operation and use of the second generation Schengen Information System. This Decision is without prejudice to those texts, including their final provisions.
(3) Those final provisions define the conditions that will allow the Council, acting by the unanimity of its Members representing the Governments of the Member States participating in SIS 1+, to fix the date of application of those texts. They provide, inter alia, that the Commission declares the successful completion of a comprehensive test of SIS II, as referred to in Article 55(3)(c) of Regulation (EC) No 1987/2006 and Article 71(3)(c) of Decision 2007/533/JHA, which shall be conducted by the Commission together with the Member States, and the preparatory bodies of the Council validate the proposed test result and confirm that the level of performance of SIS II is at least equivalent to that achieved with SIS 1+.
(4) It is understood that this Decision should be complemented by the adoption in the future of the appropriate legislation to regulate, in detail, the organisation and coordination of a SIS II comprehensive test, which should be executed in full cooperation between the Member States and the Commission. The CS-SIS should remain the sole responsibility of the Commission.
(5) It is necessary to conduct tests in order to assess whether SIS II can work in accordance with the technical and functional requirements as defined in the SIS II legal instruments.
(6) Tests should also assess non-functional requirements such as robustness, availability and performance.
(7) It is necessary for the Commission to test that the Central SIS II can be connected to the national systems of the Member States, whereas Member States participating in SIS 1+ should make the necessary technical arrangements to process SIS II data and exchange supplementary information.
(8) It is necessary to clarify further the tasks to be performed by the Commission and the Member States with regard to the completion of certain SIS II tests.
(9) It is necessary to set out the requirements for the definition, development and application of the test specifications and how the tests should be validated.
(10) SIS II can become operational only when all Member States fully participating in SIS 1+ have made the necessary arrangements to process SIS II data. Cases where a Member State considers that tests could not be successfully completed should therefore be documented.
(11) The Committee assisting the Commission during the development of SIS II, and referred to in Article 6 of Decision 2001/886/JHA, has not delivered a favourable opinion on the draft measures of the Commission. The Commission therefore submitted to the Council a proposal relating to the measures to be taken and informed the European Parliament in accordance with Article 6(5) of Decision 2001/886/JHA.
(12) The United Kingdom is taking part in this Decision, in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
 (7).
(13) Ireland is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
 (8).
(14) As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis
 (9), which fall within the area referred to in Article 1, point G, of Council Decision 1999/437/EC (10) on certain arrangements for the application of that Agreement.
(15) As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis
 (11), which falls within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decisions 2008/149/JHA (12) and 2008/146/EC (13) on the conclusion of that Agreement on behalf of the European Union and on behalf of the European Community,