Article 1 General purpose
1. The Schengen Information System (SIS 1+) set up pursuant to the provisions of Title IV of the Schengen Convention, shall be replaced by a new system, the Schengen Information System II (SIS II), the establishment, operation and use of which is regulated by Decision 2007/533/JHA. 2. In accordance with the procedures and the division of tasks set out in this Decision, SIS II shall be developed by the Commission and the Member States as a single integrated system and shall be prepared for operations.
Amendment rationale: Context of the proposal Grounds for and objectives of the proposal The Commission is contributing to the availability of the new SIS II functionalities and thus to maintaining a high level of security within the area of justice, freedom and security. It seeks to give SIS II development fresh impetus after the analysis and repair period during which a considerable number of known issues and bugs have been fixed and solutions have been either designed or implemented to remedy them. This proposal, and a proposal for a Regulation on the same subject, aim to prevent Decision 2008/839/JHA governing the migration from the Schengen Information System in its current form (SIS 1+) to the second generation Schengen Information System (SIS II) from expiring before migration becomes technically feasible. Furthermore, this proposal ensures legal flexibility for the development of SIS II by means of the alternative technical scenario of SIS 1+ RE, in case a switchover to this scenario should take place. Simultaneously, in order to ensure efficient management of SIS II development and migration, a Global Programme Management Board (the "GPMB") is being set up as a group of experts for enhanced management and coordination of the global SIS II programme and related activities as a whole, as well as consistency between the central and national systems' developments. This proposal is congruent with the Council Conclusions of 4-5 of June 2009 which invited the Commission, building upon the experience of and the lessons learned from the global SIS II programme management approach established by the Council Conclusions of 26-27 February 2009 and in compliance with the legal framework, to table an enhanced management approach to the project management structure of SIS II. Transparency of the SIS II development process for the European Parliament is maintained through the existing reporting obligation. General context The Schengen Information System (SIS) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (the Schengen Convention), and its development, SIS 1+, constitute an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union. The development of the second generation of SIS (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS 1+. SIS II development takes into account the latest evolutions in the field of information technology and allows the introduction of added functionalities. 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[1] of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Council Decision 2007/533/JHA[2] of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II). These instruments foresee that they will apply to the Member States participating in SIS 1+ only as of dates to be fixed by the Council, acting by the unanimity of its Members representing the governments of the Member States participating in SIS 1+. They will then replace the provisions of the Schengen acquis governing SIS 1+, in particular the relevant provisions in the Schengen Convention. Before this can happen, the users of the SIS 1+ will have to migrate to the SIS II environment. A legal framework for the migration from SIS 1+ to the SIS II environment was therefore designed. In order to reduce the risks of service disruption during migration an interim technical architecture for the operations of SIS 1+ will allow SIS 1+ and certain technical parts of the architecture of SIS II to operate in parallel for a transitional period. The time-frame of the current migration instruments, and in particular their date of expiry which is currently set to be 30 June 2010 at the latest, appears no longer realistic. This proposal therefore aims at preventing expiry of Council Decision 2008/839/JHA before migration will take place. The GPMB's role would be to act as a focal point between the actors and stakeholders involved in global SIS II development. In particular, it would allow the Commission and the Member States to coordinate the global programme in keeping with their respective responsibilities and activities regarding the central and national SIS II projects. While maintaining the basic allocation of responsibility between the Commission, France and participating Member States as already contained in the instruments to be amended, this proposal will streamline management processes. Existing provisions in the area covered by the proposal - Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders[3] (the Schengen Convention); - Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)[4] as amended by Council Regulation (EC) 1988/2006 of 21 December 2006[5]; - Council Decision 2001/886/JHA of 6 December 2001[6] on the development of the second generation Schengen Information System (SIS II) as amended by Council Decision 2006/1007/JHA of 21 December 2006[7]; - 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 certificates[8]; - Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II[9]; - Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[10]; - Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[11]; - Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)[12]; - Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [13]. Consistency with other policies and objectives of the Union Not applicable.

52009PC0509Proposal for a Council Decision amending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)  /* COM/2009/0509 final - CNS 2009/0137 */[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 29.9.2009COM(2009) 509 final2009/0137 (CNS)Proposal for aCOUNCIL DECISIONamending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)EXPLANATORY MEMORANDUM1. Context of the proposal• Grounds for and objectives of the proposalThe Commission is contributing to the availability of the new SIS II functionalities and thus to maintaining a high level of security within the area of justice, freedom and security. It seeks to give SIS II development fresh impetus after the analysis and repair period during which a considerable number of known issues and bugs have been fixed and solutions have been either designed or implemented to remedy them.This proposal, and a proposal for a Regulation on the same subject, aim to prevent Decision 2008/839/JHA governing the migration from the Schengen Information System in its current form (SIS 1+) to the second generation Schengen Information System (SIS II) from expiring before migration becomes technically feasible. Furthermore, this proposal ensures legal flexibility for the development of SIS II by means of the alternative technical scenario of SIS 1+ RE, in case a switchover to this scenario should take place.Simultaneously, in order to ensure efficient management of SIS II development and migration, a Global Programme Management Board (the "GPMB") is being set up as a group of experts for enhanced management and coordination of the global SIS II programme and related activities as a whole, as well as consistency between the central and national systems' developments. This proposal is congruent with the Council Conclusions of 4-5 of June 2009 which invited the Commission, building upon the experience of and the lessons learned from the global SIS II programme management approach established by the Council Conclusions of 26-27 February 2009 and in compliance with the legal framework, to table an enhanced management approach to the project management structure of SIS II.Transparency of the SIS II development process for the European Parliament is maintained through the existing reporting obligation.• General contextThe Schengen Information System (SIS) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (the Schengen Convention), and its development, SIS 1+, constitute an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union.The development of the second generation of SIS (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS 1+. SIS II development takes into account the latest evolutions in the field of information technology and allows the introduction of added functionalities.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[1] of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Council Decision 2007/533/JHA[2] of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II). These instruments foresee that they will apply to the Member States participating in SIS 1+ only as of dates to be fixed by the Council, acting by the unanimity of its Members representing the governments of the Member States participating in SIS 1+. They will then replace the provisions of the Schengen acquis governing SIS 1+, in particular the relevant provisions in the Schengen Convention.Before this can happen, the users of the SIS 1+ will have to migrate to the SIS II environment. A legal framework for the migration from SIS 1+ to the SIS II environment was therefore designed. In order to reduce the risks of service disruption during migration an interim technical architecture for the operations of SIS 1+ will allow SIS 1+ and certain technical parts of the architecture of SIS II to operate in parallel for a transitional period.The time-frame of the current migration instruments, and in particular their date of expiry which is currently set to be 30 June 2010 at the latest, appears no longer realistic. This proposal therefore aims at preventing expiry of Council Decision 2008/839/JHA before migration will take place. The GPMB's role would be to act as a focal point between the actors and stakeholders involved in global SIS II development. In particular, it would allow the Commission and the Member States to coordinate the global programme in keeping with their respective responsibilities and activities regarding the central and national SIS II projects.While maintaining the basic allocation of responsibility between the Commission, France and participating Member States as already contained in the instruments to be amended, this proposal will streamline management processes.• Existing provisions in the area covered by the proposal-  Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders[3] (the Schengen Convention);-  Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)[4] as amended by Council Regulation (EC) 1988/2006 of 21 December 2006[5];-  Council Decision 2001/886/JHA of 6 December 2001[6] on the development of the second generation Schengen Information System (SIS II) as amended by Council Decision 2006/1007/JHA of 21 December 2006[7];-  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 certificates[8];-  Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II[9];-  Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[10];-  Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[11];-  Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)[12];-  Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [13].• Consistency with other policies and objectives of the UnionNot applicable.2. Consultation of interested parties and impact assessment• Consultation of interested partiesMember States' experts are closely involved in the continued development of SIS II, in particular in the framework of the SIS-VIS Committee. In addition, SIS II development has been discussed in the framework of the Council preparatory bodies. The Council Conclusions of 4-5 June 2009 invite the Commission to submit as soon as possible, but by October 2009 at the latest, appropriate legislative proposals to amend the migration instruments.• Summary of responses and how they have been taken into accountThe present proposal takes into account the result of extensive discussions with Member States, especially in the framework of the Article 36 committee.• Collection and use of expertiseExternal expertise was not used to prepare this proposal.• Impact assessmentNo Impact Assessment is required for this proposal for a Council Decision which is not included in the Commission's Annual Legislative and Work Programme (CLWP) and as it is the continuation of a technical project without clearly identifiable economic, social and environmental impacts.3. Legal elements of the proposal• Summary of the proposed actionThe objective of the present proposal is to prevent expiry of Council Decision 2008/839/JHA before migration, to ensure legal flexibility for an alternative technical scenario to attain SIS II functionalities based on SIS 1+, in case a switchover to this scenario should take place, and to render management of SIS II development and migration, in particular regarding coordination of Commission and Member State projects, as efficient as possible. In order to achieve the latter objective, the GPMB is set up as an expert group at global programme level.• Legal basisThe legal bases for this Decision are Articles 30(1) (a) and (b), 31(1)(a) and (b) and 34(2) (c) of the Treaty on European Union as it concerns operational cooperation between the competent authorities of Member States in relation to the prevention, detection and investigation of criminal offences, as well as the collection, storage, processing, analysis and exchange of relevant information. Moreover, this proposal has to do with facilitating and accelerating cooperation between competent ministries and judicial or equivalent authorities of the Member States, including, where appropriate, cooperation through Eurojust.• Subsidiarity principleThe proposal respects the principle of subsidiarity in that the main objective of the proposed action, namely the migration from SIS 1+ to SIS II, cannot be achieved by the Member States individually.• Proportionality principleThe present proposal does not go beyond what is necessary to achieve its objective. It complies with the proportionality principle in that the activities of the Commission remain limited to Central SIS II, coordination activities and the provision of a technical tool allowing for the successful exchange of SIS 1+ data between SIS 1+ and SIS II ('converter'). Furthermore, the GPMB has already been in existence as an informal consultation structure for the coordination purposes required by the existing instruments. Coordination between Commission and Member States is necessary to ensure global success of SIS II.• Choice of instrumentsA Council Decision is the only available legal form to postpone the expiry date of Council Decision 2008/839/JHA as initially phrased. For the remainder of this proposal, a Council Decision is the most appropriate instrument for the proposed action in view of the need to apply uniform rules and processes to the management of SIS II development and migration. The provisions set out in this Decision are precise and unconditional.A framework decision is not the appropriate instrument because the proposal involves no approximation of the laws of the Member States.Owing to the two-pillar nature of SIS II a Council Regulation based on Article 66 of the EC Treaty will complement the hereby proposed Council Decision.4. Budgetary implicationsCouncil Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA on the development of the second generation Schengen Information System laid down that the expenditure involved in the development of the SIS II is to be charged to the general budget of the European Union.Likewise, under Article 5 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 and under Article 5 of Council Decision No 533/2007 of 12 June 2007 the costs of setting up, operating and maintaining Central SIS II and the communication infrastructure are to be borne by the general budget of the European Union. The costs of setting up, operating and maintaining each N.SIS II shall be borne by the Member State concerned.Under Article 15 of Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA as they have been phrased heretofore, additional costs for migration, testing, maintenance and development measures at the central level (Central SIS II and Communication Infrastructure) had been allocated to the general budget of the European Union as well. Testing, migration, maintenance and development costs for the national systems, including N.SIS II, have continued to be borne by each Member State concerned.The present proposal does not modify this basic structure. It will, however, extend the existing legal basis that had already been laid down in Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA to cover the post-30 June 2010 period until migration. In addition, the cost arising from the meetings of the GPMB which is being set up by this proposal, including expenses for members and experts attending, would be borne by the general budget of the European Union. The necessary appropriations to cover the cost arising from the meetings of the GPMB will come from the appropriations currently foreseen in the Financial Programming 2010-2013 for the Schengen Information System (SIS II).The costs arising from activities at SIS 1+ level, including supplementary activities of France, acting on behalf of the Member States (of SIS 1+), shall continue to be borne in line with Article 119 of the Schengen Convention. This article provides that the costs of installing and operating the technical support function of SIS 1+, as referred to in Article 92 (3) of the Convention, including the cost of lines connecting the national sections of the Schengen Information System to the technical support function, are borne jointly by the Member States, while the costs of installing and operating the national section of the Schengen Information System are borne by each Member State individually.The Commission has prepared a financial statement annexed to this proposal.5. Additional information• Amendment of existing legislationThe adoption of the proposal will entail the amendment of Council Decision 2008/839/JHA.• Review/revision/sunset clauseThe proposal contains a modified sunset clause. The new date of expiry will be set by the Council, acting in accordance with Article 71(2) of Council Decision 2007/533/JHA.• TimetableThe present Council Decision needs to be adopted in June 2010 at the latest in order to ensure the continuity of the preparations and the timely execution of activities covered.2009/0137 (CNS)Proposal for aCOUNCIL DECISIONamending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (b), Article 31(1)(a) and (b) and Article 34(2)(c) thereof,Having regard to the proposal from the Commission[14],Having regard to the opinion of the European Parliament[15],Whereas:1.  The second generation Schengen Information System (SIS II) was established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II)[16] and by Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second-generation Schengen Information System (SIS II)[17].2.  The conditions, procedures and responsibilities applicable to the migration from SIS 1+ to SIS II are laid down in Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS1+) to the second generation Schengen Information System (SIS II)[18] and Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS1+) to the second generation Schengen Information System (SIS II)[19]. However, those instruments will expire at the latest on 30 June 2010.3.  The preconditions for migration will not be met by 30 June 2010. In order for SIS II to become operational as required by Regulation (EC) 1987/2006 and Decision 2007/533/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA should therefore continue to apply until migration has been completed.4.  The Commission and Member States should continue to cooperate closely during all steps of the migration in order to complete the process. A group of experts should be established to complement the current organisational structure.5.  The Commission should remain responsible for the Central SIS II and its communication infrastructure. It is necessary to maintain and, where appropriate, further develop the Central SIS II and its communication infrastructure. Additional development of the Central SIS II should at all times include the correction of errors. The Commission should provide coordination and support for the joint activities.6.  A technical contingency plan for attaining SIS II functionalities should be foreseen. The description of the technical components of the migration architecture therefore should be adapted to allow for another technical solution regarding the development of Central SIS II.7.  The Member States should remain responsible for their national systems (N.SIS II). It is still necessary to maintain and, where appropriate, further develop the N.SIS II.8.  France should remain responsible for C.SIS.9.  Since the objectives of the action to be taken, namely setting up the interim migration architecture and the migrating the data from SIS 1+ to SIS II, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Communities and referred to in Article 2 of the Treaty on European Union. In accordance with the principle of proportionality, this Decision does not go beyond what is necessary to achieve those objectives.10.  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 [20].11.  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[21] .12.  This Decision is without prejudice to the arrangements for the United Kingdom's and Ireland's partial participation in the Schengen acquis as determined by the Council Decision 2000/365/EC and Decision 2002/192/EC respectively.13.  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 latter's association with the implementation, application and development of the Schengen acquis[22] , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999[23] on certain arrangements for the application of that Agreement.14.  As regards Switzerland, this Decision 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 acquis[24] , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/149/JHA[25] on the conclusion of that Agreement on behalf of the European Union.15.  As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999 read in conjunction with Article 3 of Council Decision 2008/262/EC of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of that Protocol[26],
Revised version (Article 1 General purpose):
1. The Schengen Information System (SIS 1+) set up pursuant to the provisions of Title IV of the Schengen Convention, shall be replaced by a new system, the Schengen Information System II (SIS II), the establishment, operation and use of which is regulated by Decision 2007/533/JHA. 2. In accordance with the procedures and the division of tasks set out in this Decision, SIS II shall be developed by the Commission and the Member States as a single integrated system and shall be prepared for operations. 3. The development of SIS II may be achieved by implementing an alternative technical scenario characterised by its own technical specifications.
Article 2 Definitions
For the purposes of this Decision, the following definitions shall apply: (a) ‘Central SIS II’ means the technical support function of SIS II containing a database, the ‘SIS II database’, and a uniform national interface (NI-SIS); (b) ‘C.SIS’ means the technical support function of SIS 1+, containing the reference database for SIS 1+ and the uniform national interface (N.COM); (c) ‘N.SIS’ means the national system of SIS 1+, consisting of the national data systems which communicate with C.SIS; (d) ‘N.SIS II’ means the national system of SIS II, consisting of the national data systems which communicate with Central SIS II; (e) ‘converter’ means a technical tool to allow consistent and reliable communication between C.SIS and Central SIS II, ensuring the functionalities provided for in Article 10(3); (f) ‘comprehensive test’ means the test referred to 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
This Decision defines the tasks and responsibilities of the Commission and the Member States participating in SIS 1+ with respect to the following tasks: (a) the maintenance and continuation of the development of SIS II; (b) a comprehensive test of SIS II; (c) a test on supplementary information; (d) the continuation of the development and testing of a converter; (e) the establishment and testing of a provisional migration architecture; (f) the migration from SIS 1+ to SIS II.
Article 4 Technical components of the migration architecture
In order to ensure the migration from SIS 1+ to SIS II, the following components are necessary: (a) the C.SIS and the connection to the converter; (b) the communication infrastructure for SIS 1+ allowing the C.SIS to communicate with the N.SIS; (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.
Amendment rationale: Context of the proposal Grounds for and objectives of the proposal The Commission is contributing to the availability of the new SIS II functionalities and thus to maintaining a high level of security within the area of justice, freedom and security. It seeks to give SIS II development fresh impetus after the analysis and repair period during which a considerable number of known issues and bugs have been fixed and solutions have been either designed or implemented to remedy them. This proposal, and a proposal for a Regulation on the same subject, aim to prevent Decision 2008/839/JHA governing the migration from the Schengen Information System in its current form (SIS 1+) to the second generation Schengen Information System (SIS II) from expiring before migration becomes technically feasible. Furthermore, this proposal ensures legal flexibility for the development of SIS II by means of the alternative technical scenario of SIS 1+ RE, in case a switchover to this scenario should take place. Simultaneously, in order to ensure efficient management of SIS II development and migration, a Global Programme Management Board (the "GPMB") is being set up as a group of experts for enhanced management and coordination of the global SIS II programme and related activities as a whole, as well as consistency between the central and national systems' developments. This proposal is congruent with the Council Conclusions of 4-5 of June 2009 which invited the Commission, building upon the experience of and the lessons learned from the global SIS II programme management approach established by the Council Conclusions of 26-27 February 2009 and in compliance with the legal framework, to table an enhanced management approach to the project management structure of SIS II. Transparency of the SIS II development process for the European Parliament is maintained through the existing reporting obligation. General context The Schengen Information System (SIS) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (the Schengen Convention), and its development, SIS 1+, constitute an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union. The development of the second generation of SIS (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS 1+. SIS II development takes into account the latest evolutions in the field of information technology and allows the introduction of added functionalities. 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[1] of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Council Decision 2007/533/JHA[2] of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II). These instruments foresee that they will apply to the Member States participating in SIS 1+ only as of dates to be fixed by the Council, acting by the unanimity of its Members representing the governments of the Member States participating in SIS 1+. They will then replace the provisions of the Schengen acquis governing SIS 1+, in particular the relevant provisions in the Schengen Convention. Before this can happen, the users of the SIS 1+ will have to migrate to the SIS II environment. A legal framework for the migration from SIS 1+ to the SIS II environment was therefore designed. In order to reduce the risks of service disruption during migration an interim technical architecture for the operations of SIS 1+ will allow SIS 1+ and certain technical parts of the architecture of SIS II to operate in parallel for a transitional period. The time-frame of the current migration instruments, and in particular their date of expiry which is currently set to be 30 June 2010 at the latest, appears no longer realistic. This proposal therefore aims at preventing expiry of Council Decision 2008/839/JHA before migration will take place. The GPMB's role would be to act as a focal point between the actors and stakeholders involved in global SIS II development. In particular, it would allow the Commission and the Member States to coordinate the global programme in keeping with their respective responsibilities and activities regarding the central and national SIS II projects. While maintaining the basic allocation of responsibility between the Commission, France and participating Member States as already contained in the instruments to be amended, this proposal will streamline management processes. Existing provisions in the area covered by the proposal - Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders[3] (the Schengen Convention); - Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)[4] as amended by Council Regulation (EC) 1988/2006 of 21 December 2006[5]; - Council Decision 2001/886/JHA of 6 December 2001[6] on the development of the second generation Schengen Information System (SIS II) as amended by Council Decision 2006/1007/JHA of 21 December 2006[7]; - 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 certificates[8]; - Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II[9]; - Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[10]; - Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[11]; - Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)[12]; - Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [13]. Consistency with other policies and objectives of the Union Not applicable.

52009PC0509Proposal for a Council Decision amending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)  /* COM/2009/0509 final - CNS 2009/0137 */[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 29.9.2009COM(2009) 509 final2009/0137 (CNS)Proposal for aCOUNCIL DECISIONamending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)EXPLANATORY MEMORANDUM1. Context of the proposal• Grounds for and objectives of the proposalThe Commission is contributing to the availability of the new SIS II functionalities and thus to maintaining a high level of security within the area of justice, freedom and security. It seeks to give SIS II development fresh impetus after the analysis and repair period during which a considerable number of known issues and bugs have been fixed and solutions have been either designed or implemented to remedy them.This proposal, and a proposal for a Regulation on the same subject, aim to prevent Decision 2008/839/JHA governing the migration from the Schengen Information System in its current form (SIS 1+) to the second generation Schengen Information System (SIS II) from expiring before migration becomes technically feasible. Furthermore, this proposal ensures legal flexibility for the development of SIS II by means of the alternative technical scenario of SIS 1+ RE, in case a switchover to this scenario should take place.Simultaneously, in order to ensure efficient management of SIS II development and migration, a Global Programme Management Board (the "GPMB") is being set up as a group of experts for enhanced management and coordination of the global SIS II programme and related activities as a whole, as well as consistency between the central and national systems' developments. This proposal is congruent with the Council Conclusions of 4-5 of June 2009 which invited the Commission, building upon the experience of and the lessons learned from the global SIS II programme management approach established by the Council Conclusions of 26-27 February 2009 and in compliance with the legal framework, to table an enhanced management approach to the project management structure of SIS II.Transparency of the SIS II development process for the European Parliament is maintained through the existing reporting obligation.• General contextThe Schengen Information System (SIS) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (the Schengen Convention), and its development, SIS 1+, constitute an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union.The development of the second generation of SIS (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS 1+. SIS II development takes into account the latest evolutions in the field of information technology and allows the introduction of added functionalities.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[1] of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Council Decision 2007/533/JHA[2] of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II). These instruments foresee that they will apply to the Member States participating in SIS 1+ only as of dates to be fixed by the Council, acting by the unanimity of its Members representing the governments of the Member States participating in SIS 1+. They will then replace the provisions of the Schengen acquis governing SIS 1+, in particular the relevant provisions in the Schengen Convention.Before this can happen, the users of the SIS 1+ will have to migrate to the SIS II environment. A legal framework for the migration from SIS 1+ to the SIS II environment was therefore designed. In order to reduce the risks of service disruption during migration an interim technical architecture for the operations of SIS 1+ will allow SIS 1+ and certain technical parts of the architecture of SIS II to operate in parallel for a transitional period.The time-frame of the current migration instruments, and in particular their date of expiry which is currently set to be 30 June 2010 at the latest, appears no longer realistic. This proposal therefore aims at preventing expiry of Council Decision 2008/839/JHA before migration will take place. The GPMB's role would be to act as a focal point between the actors and stakeholders involved in global SIS II development. In particular, it would allow the Commission and the Member States to coordinate the global programme in keeping with their respective responsibilities and activities regarding the central and national SIS II projects.While maintaining the basic allocation of responsibility between the Commission, France and participating Member States as already contained in the instruments to be amended, this proposal will streamline management processes.• Existing provisions in the area covered by the proposal-  Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders[3] (the Schengen Convention);-  Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)[4] as amended by Council Regulation (EC) 1988/2006 of 21 December 2006[5];-  Council Decision 2001/886/JHA of 6 December 2001[6] on the development of the second generation Schengen Information System (SIS II) as amended by Council Decision 2006/1007/JHA of 21 December 2006[7];-  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 certificates[8];-  Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II[9];-  Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[10];-  Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[11];-  Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)[12];-  Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [13].• Consistency with other policies and objectives of the UnionNot applicable.2. Consultation of interested parties and impact assessment• Consultation of interested partiesMember States' experts are closely involved in the continued development of SIS II, in particular in the framework of the SIS-VIS Committee. In addition, SIS II development has been discussed in the framework of the Council preparatory bodies. The Council Conclusions of 4-5 June 2009 invite the Commission to submit as soon as possible, but by October 2009 at the latest, appropriate legislative proposals to amend the migration instruments.• Summary of responses and how they have been taken into accountThe present proposal takes into account the result of extensive discussions with Member States, especially in the framework of the Article 36 committee.• Collection and use of expertiseExternal expertise was not used to prepare this proposal.• Impact assessmentNo Impact Assessment is required for this proposal for a Council Decision which is not included in the Commission's Annual Legislative and Work Programme (CLWP) and as it is the continuation of a technical project without clearly identifiable economic, social and environmental impacts.3. Legal elements of the proposal• Summary of the proposed actionThe objective of the present proposal is to prevent expiry of Council Decision 2008/839/JHA before migration, to ensure legal flexibility for an alternative technical scenario to attain SIS II functionalities based on SIS 1+, in case a switchover to this scenario should take place, and to render management of SIS II development and migration, in particular regarding coordination of Commission and Member State projects, as efficient as possible. In order to achieve the latter objective, the GPMB is set up as an expert group at global programme level.• Legal basisThe legal bases for this Decision are Articles 30(1) (a) and (b), 31(1)(a) and (b) and 34(2) (c) of the Treaty on European Union as it concerns operational cooperation between the competent authorities of Member States in relation to the prevention, detection and investigation of criminal offences, as well as the collection, storage, processing, analysis and exchange of relevant information. Moreover, this proposal has to do with facilitating and accelerating cooperation between competent ministries and judicial or equivalent authorities of the Member States, including, where appropriate, cooperation through Eurojust.• Subsidiarity principleThe proposal respects the principle of subsidiarity in that the main objective of the proposed action, namely the migration from SIS 1+ to SIS II, cannot be achieved by the Member States individually.• Proportionality principleThe present proposal does not go beyond what is necessary to achieve its objective. It complies with the proportionality principle in that the activities of the Commission remain limited to Central SIS II, coordination activities and the provision of a technical tool allowing for the successful exchange of SIS 1+ data between SIS 1+ and SIS II ('converter'). Furthermore, the GPMB has already been in existence as an informal consultation structure for the coordination purposes required by the existing instruments. Coordination between Commission and Member States is necessary to ensure global success of SIS II.• Choice of instrumentsA Council Decision is the only available legal form to postpone the expiry date of Council Decision 2008/839/JHA as initially phrased. For the remainder of this proposal, a Council Decision is the most appropriate instrument for the proposed action in view of the need to apply uniform rules and processes to the management of SIS II development and migration. The provisions set out in this Decision are precise and unconditional.A framework decision is not the appropriate instrument because the proposal involves no approximation of the laws of the Member States.Owing to the two-pillar nature of SIS II a Council Regulation based on Article 66 of the EC Treaty will complement the hereby proposed Council Decision.4. Budgetary implicationsCouncil Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA on the development of the second generation Schengen Information System laid down that the expenditure involved in the development of the SIS II is to be charged to the general budget of the European Union.Likewise, under Article 5 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 and under Article 5 of Council Decision No 533/2007 of 12 June 2007 the costs of setting up, operating and maintaining Central SIS II and the communication infrastructure are to be borne by the general budget of the European Union. The costs of setting up, operating and maintaining each N.SIS II shall be borne by the Member State concerned.Under Article 15 of Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA as they have been phrased heretofore, additional costs for migration, testing, maintenance and development measures at the central level (Central SIS II and Communication Infrastructure) had been allocated to the general budget of the European Union as well. Testing, migration, maintenance and development costs for the national systems, including N.SIS II, have continued to be borne by each Member State concerned.The present proposal does not modify this basic structure. It will, however, extend the existing legal basis that had already been laid down in Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA to cover the post-30 June 2010 period until migration. In addition, the cost arising from the meetings of the GPMB which is being set up by this proposal, including expenses for members and experts attending, would be borne by the general budget of the European Union. The necessary appropriations to cover the cost arising from the meetings of the GPMB will come from the appropriations currently foreseen in the Financial Programming 2010-2013 for the Schengen Information System (SIS II).The costs arising from activities at SIS 1+ level, including supplementary activities of France, acting on behalf of the Member States (of SIS 1+), shall continue to be borne in line with Article 119 of the Schengen Convention. This article provides that the costs of installing and operating the technical support function of SIS 1+, as referred to in Article 92 (3) of the Convention, including the cost of lines connecting the national sections of the Schengen Information System to the technical support function, are borne jointly by the Member States, while the costs of installing and operating the national section of the Schengen Information System are borne by each Member State individually.The Commission has prepared a financial statement annexed to this proposal.5. Additional information• Amendment of existing legislationThe adoption of the proposal will entail the amendment of Council Decision 2008/839/JHA.• Review/revision/sunset clauseThe proposal contains a modified sunset clause. The new date of expiry will be set by the Council, acting in accordance with Article 71(2) of Council Decision 2007/533/JHA.• TimetableThe present Council Decision needs to be adopted in June 2010 at the latest in order to ensure the continuity of the preparations and the timely execution of activities covered.2009/0137 (CNS)Proposal for aCOUNCIL DECISIONamending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (b), Article 31(1)(a) and (b) and Article 34(2)(c) thereof,Having regard to the proposal from the Commission[14],Having regard to the opinion of the European Parliament[15],Whereas:1.  The second generation Schengen Information System (SIS II) was established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II)[16] and by Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second-generation Schengen Information System (SIS II)[17].2.  The conditions, procedures and responsibilities applicable to the migration from SIS 1+ to SIS II are laid down in Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS1+) to the second generation Schengen Information System (SIS II)[18] and Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS1+) to the second generation Schengen Information System (SIS II)[19]. However, those instruments will expire at the latest on 30 June 2010.3.  The preconditions for migration will not be met by 30 June 2010. In order for SIS II to become operational as required by Regulation (EC) 1987/2006 and Decision 2007/533/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA should therefore continue to apply until migration has been completed.4.  The Commission and Member States should continue to cooperate closely during all steps of the migration in order to complete the process. A group of experts should be established to complement the current organisational structure.5.  The Commission should remain responsible for the Central SIS II and its communication infrastructure. It is necessary to maintain and, where appropriate, further develop the Central SIS II and its communication infrastructure. Additional development of the Central SIS II should at all times include the correction of errors. The Commission should provide coordination and support for the joint activities.6.  A technical contingency plan for attaining SIS II functionalities should be foreseen. The description of the technical components of the migration architecture therefore should be adapted to allow for another technical solution regarding the development of Central SIS II.7.  The Member States should remain responsible for their national systems (N.SIS II). It is still necessary to maintain and, where appropriate, further develop the N.SIS II.8.  France should remain responsible for C.SIS.9.  Since the objectives of the action to be taken, namely setting up the interim migration architecture and the migrating the data from SIS 1+ to SIS II, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Communities and referred to in Article 2 of the Treaty on European Union. In accordance with the principle of proportionality, this Decision does not go beyond what is necessary to achieve those objectives.10.  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 [20].11.  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[21] .12.  This Decision is without prejudice to the arrangements for the United Kingdom's and Ireland's partial participation in the Schengen acquis as determined by the Council Decision 2000/365/EC and Decision 2002/192/EC respectively.13.  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 latter's association with the implementation, application and development of the Schengen acquis[22] , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999[23] on certain arrangements for the application of that Agreement.14.  As regards Switzerland, this Decision 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 acquis[24] , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/149/JHA[25] on the conclusion of that Agreement on behalf of the European Union.15.  As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999 read in conjunction with Article 3 of Council Decision 2008/262/EC of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of that Protocol[26],
Revised version (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: (a) the C.SIS and the connection to the converter; (b) the communication infrastructure for SIS 1+ allowing the C.SIS to communicate with the N.SIS; (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 Central SIS II, the communication infrastructure and the converter. 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.
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 corrections of errors, shall be adopted in accordance with the procedure defined in Article 17(2). The measures necessary to continue the development of SIS II as referred to in Article 5(3), in so far as it concerns the uniform national interface ensuring the compatibility of N.SIS II with Central SIS II, shall be adopted in accordance with the procedure defined in Article 17(2).
Article 7 Main activities
1. The Commission together with the 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 the 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. 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 Decision 2008/173/EC 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 mentioned in paragraph 6, by the Member States participating in SIS 1+ acting within the Council and the Commission. The test results shall be validated in accordance with Article 71(3)(c) of Decision 2007/533/JHA. 8. Member States not participating in SIS 1+ may participate in the comprehensive test. Their results shall not affect the overall validation of the test.
Article 9 Test on supplementary information
1. The Member States participating in SIS 1+ shall conduct functional SIRENE tests. 2. The Commission shall make available Central SIS II and its communication infrastructure during the execution of the test on supplementary information. 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. 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. 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. 9. France shall make available data for test purpose, if necessary.
Amendment rationale: Context of the proposal Grounds for and objectives of the proposal The Commission is contributing to the availability of the new SIS II functionalities and thus to maintaining a high level of security within the area of justice, freedom and security. It seeks to give SIS II development fresh impetus after the analysis and repair period during which a considerable number of known issues and bugs have been fixed and solutions have been either designed or implemented to remedy them. This proposal, and a proposal for a Regulation on the same subject, aim to prevent Decision 2008/839/JHA governing the migration from the Schengen Information System in its current form (SIS 1+) to the second generation Schengen Information System (SIS II) from expiring before migration becomes technically feasible. Furthermore, this proposal ensures legal flexibility for the development of SIS II by means of the alternative technical scenario of SIS 1+ RE, in case a switchover to this scenario should take place. Simultaneously, in order to ensure efficient management of SIS II development and migration, a Global Programme Management Board (the "GPMB") is being set up as a group of experts for enhanced management and coordination of the global SIS II programme and related activities as a whole, as well as consistency between the central and national systems' developments. This proposal is congruent with the Council Conclusions of 4-5 of June 2009 which invited the Commission, building upon the experience of and the lessons learned from the global SIS II programme management approach established by the Council Conclusions of 26-27 February 2009 and in compliance with the legal framework, to table an enhanced management approach to the project management structure of SIS II. Transparency of the SIS II development process for the European Parliament is maintained through the existing reporting obligation. General context The Schengen Information System (SIS) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (the Schengen Convention), and its development, SIS 1+, constitute an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union. The development of the second generation of SIS (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS 1+. SIS II development takes into account the latest evolutions in the field of information technology and allows the introduction of added functionalities. 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[1] of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Council Decision 2007/533/JHA[2] of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II). These instruments foresee that they will apply to the Member States participating in SIS 1+ only as of dates to be fixed by the Council, acting by the unanimity of its Members representing the governments of the Member States participating in SIS 1+. They will then replace the provisions of the Schengen acquis governing SIS 1+, in particular the relevant provisions in the Schengen Convention. Before this can happen, the users of the SIS 1+ will have to migrate to the SIS II environment. A legal framework for the migration from SIS 1+ to the SIS II environment was therefore designed. In order to reduce the risks of service disruption during migration an interim technical architecture for the operations of SIS 1+ will allow SIS 1+ and certain technical parts of the architecture of SIS II to operate in parallel for a transitional period. The time-frame of the current migration instruments, and in particular their date of expiry which is currently set to be 30 June 2010 at the latest, appears no longer realistic. This proposal therefore aims at preventing expiry of Council Decision 2008/839/JHA before migration will take place. The GPMB's role would be to act as a focal point between the actors and stakeholders involved in global SIS II development. In particular, it would allow the Commission and the Member States to coordinate the global programme in keeping with their respective responsibilities and activities regarding the central and national SIS II projects. While maintaining the basic allocation of responsibility between the Commission, France and participating Member States as already contained in the instruments to be amended, this proposal will streamline management processes. Existing provisions in the area covered by the proposal - Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders[3] (the Schengen Convention); - Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)[4] as amended by Council Regulation (EC) 1988/2006 of 21 December 2006[5]; - Council Decision 2001/886/JHA of 6 December 2001[6] on the development of the second generation Schengen Information System (SIS II) as amended by Council Decision 2006/1007/JHA of 21 December 2006[7]; - 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 certificates[8]; - Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II[9]; - Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[10]; - Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[11]; - Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)[12]; - Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [13]. Consistency with other policies and objectives of the Union Not applicable.

52009PC0509Proposal for a Council Decision amending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)  /* COM/2009/0509 final - CNS 2009/0137 */[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 29.9.2009COM(2009) 509 final2009/0137 (CNS)Proposal for aCOUNCIL DECISIONamending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)EXPLANATORY MEMORANDUM1. Context of the proposal• Grounds for and objectives of the proposalThe Commission is contributing to the availability of the new SIS II functionalities and thus to maintaining a high level of security within the area of justice, freedom and security. It seeks to give SIS II development fresh impetus after the analysis and repair period during which a considerable number of known issues and bugs have been fixed and solutions have been either designed or implemented to remedy them.This proposal, and a proposal for a Regulation on the same subject, aim to prevent Decision 2008/839/JHA governing the migration from the Schengen Information System in its current form (SIS 1+) to the second generation Schengen Information System (SIS II) from expiring before migration becomes technically feasible. Furthermore, this proposal ensures legal flexibility for the development of SIS II by means of the alternative technical scenario of SIS 1+ RE, in case a switchover to this scenario should take place.Simultaneously, in order to ensure efficient management of SIS II development and migration, a Global Programme Management Board (the "GPMB") is being set up as a group of experts for enhanced management and coordination of the global SIS II programme and related activities as a whole, as well as consistency between the central and national systems' developments. This proposal is congruent with the Council Conclusions of 4-5 of June 2009 which invited the Commission, building upon the experience of and the lessons learned from the global SIS II programme management approach established by the Council Conclusions of 26-27 February 2009 and in compliance with the legal framework, to table an enhanced management approach to the project management structure of SIS II.Transparency of the SIS II development process for the European Parliament is maintained through the existing reporting obligation.• General contextThe Schengen Information System (SIS) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (the Schengen Convention), and its development, SIS 1+, constitute an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union.The development of the second generation of SIS (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS 1+. SIS II development takes into account the latest evolutions in the field of information technology and allows the introduction of added functionalities.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[1] of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Council Decision 2007/533/JHA[2] of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II). These instruments foresee that they will apply to the Member States participating in SIS 1+ only as of dates to be fixed by the Council, acting by the unanimity of its Members representing the governments of the Member States participating in SIS 1+. They will then replace the provisions of the Schengen acquis governing SIS 1+, in particular the relevant provisions in the Schengen Convention.Before this can happen, the users of the SIS 1+ will have to migrate to the SIS II environment. A legal framework for the migration from SIS 1+ to the SIS II environment was therefore designed. In order to reduce the risks of service disruption during migration an interim technical architecture for the operations of SIS 1+ will allow SIS 1+ and certain technical parts of the architecture of SIS II to operate in parallel for a transitional period.The time-frame of the current migration instruments, and in particular their date of expiry which is currently set to be 30 June 2010 at the latest, appears no longer realistic. This proposal therefore aims at preventing expiry of Council Decision 2008/839/JHA before migration will take place. The GPMB's role would be to act as a focal point between the actors and stakeholders involved in global SIS II development. In particular, it would allow the Commission and the Member States to coordinate the global programme in keeping with their respective responsibilities and activities regarding the central and national SIS II projects.While maintaining the basic allocation of responsibility between the Commission, France and participating Member States as already contained in the instruments to be amended, this proposal will streamline management processes.• Existing provisions in the area covered by the proposal-  Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders[3] (the Schengen Convention);-  Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)[4] as amended by Council Regulation (EC) 1988/2006 of 21 December 2006[5];-  Council Decision 2001/886/JHA of 6 December 2001[6] on the development of the second generation Schengen Information System (SIS II) as amended by Council Decision 2006/1007/JHA of 21 December 2006[7];-  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 certificates[8];-  Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II[9];-  Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[10];-  Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[11];-  Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)[12];-  Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [13].• Consistency with other policies and objectives of the UnionNot applicable.2. Consultation of interested parties and impact assessment• Consultation of interested partiesMember States' experts are closely involved in the continued development of SIS II, in particular in the framework of the SIS-VIS Committee. In addition, SIS II development has been discussed in the framework of the Council preparatory bodies. The Council Conclusions of 4-5 June 2009 invite the Commission to submit as soon as possible, but by October 2009 at the latest, appropriate legislative proposals to amend the migration instruments.• Summary of responses and how they have been taken into accountThe present proposal takes into account the result of extensive discussions with Member States, especially in the framework of the Article 36 committee.• Collection and use of expertiseExternal expertise was not used to prepare this proposal.• Impact assessmentNo Impact Assessment is required for this proposal for a Council Decision which is not included in the Commission's Annual Legislative and Work Programme (CLWP) and as it is the continuation of a technical project without clearly identifiable economic, social and environmental impacts.3. Legal elements of the proposal• Summary of the proposed actionThe objective of the present proposal is to prevent expiry of Council Decision 2008/839/JHA before migration, to ensure legal flexibility for an alternative technical scenario to attain SIS II functionalities based on SIS 1+, in case a switchover to this scenario should take place, and to render management of SIS II development and migration, in particular regarding coordination of Commission and Member State projects, as efficient as possible. In order to achieve the latter objective, the GPMB is set up as an expert group at global programme level.• Legal basisThe legal bases for this Decision are Articles 30(1) (a) and (b), 31(1)(a) and (b) and 34(2) (c) of the Treaty on European Union as it concerns operational cooperation between the competent authorities of Member States in relation to the prevention, detection and investigation of criminal offences, as well as the collection, storage, processing, analysis and exchange of relevant information. Moreover, this proposal has to do with facilitating and accelerating cooperation between competent ministries and judicial or equivalent authorities of the Member States, including, where appropriate, cooperation through Eurojust.• Subsidiarity principleThe proposal respects the principle of subsidiarity in that the main objective of the proposed action, namely the migration from SIS 1+ to SIS II, cannot be achieved by the Member States individually.• Proportionality principleThe present proposal does not go beyond what is necessary to achieve its objective. It complies with the proportionality principle in that the activities of the Commission remain limited to Central SIS II, coordination activities and the provision of a technical tool allowing for the successful exchange of SIS 1+ data between SIS 1+ and SIS II ('converter'). Furthermore, the GPMB has already been in existence as an informal consultation structure for the coordination purposes required by the existing instruments. Coordination between Commission and Member States is necessary to ensure global success of SIS II.• Choice of instrumentsA Council Decision is the only available legal form to postpone the expiry date of Council Decision 2008/839/JHA as initially phrased. For the remainder of this proposal, a Council Decision is the most appropriate instrument for the proposed action in view of the need to apply uniform rules and processes to the management of SIS II development and migration. The provisions set out in this Decision are precise and unconditional.A framework decision is not the appropriate instrument because the proposal involves no approximation of the laws of the Member States.Owing to the two-pillar nature of SIS II a Council Regulation based on Article 66 of the EC Treaty will complement the hereby proposed Council Decision.4. Budgetary implicationsCouncil Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA on the development of the second generation Schengen Information System laid down that the expenditure involved in the development of the SIS II is to be charged to the general budget of the European Union.Likewise, under Article 5 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 and under Article 5 of Council Decision No 533/2007 of 12 June 2007 the costs of setting up, operating and maintaining Central SIS II and the communication infrastructure are to be borne by the general budget of the European Union. The costs of setting up, operating and maintaining each N.SIS II shall be borne by the Member State concerned.Under Article 15 of Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA as they have been phrased heretofore, additional costs for migration, testing, maintenance and development measures at the central level (Central SIS II and Communication Infrastructure) had been allocated to the general budget of the European Union as well. Testing, migration, maintenance and development costs for the national systems, including N.SIS II, have continued to be borne by each Member State concerned.The present proposal does not modify this basic structure. It will, however, extend the existing legal basis that had already been laid down in Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA to cover the post-30 June 2010 period until migration. In addition, the cost arising from the meetings of the GPMB which is being set up by this proposal, including expenses for members and experts attending, would be borne by the general budget of the European Union. The necessary appropriations to cover the cost arising from the meetings of the GPMB will come from the appropriations currently foreseen in the Financial Programming 2010-2013 for the Schengen Information System (SIS II).The costs arising from activities at SIS 1+ level, including supplementary activities of France, acting on behalf of the Member States (of SIS 1+), shall continue to be borne in line with Article 119 of the Schengen Convention. This article provides that the costs of installing and operating the technical support function of SIS 1+, as referred to in Article 92 (3) of the Convention, including the cost of lines connecting the national sections of the Schengen Information System to the technical support function, are borne jointly by the Member States, while the costs of installing and operating the national section of the Schengen Information System are borne by each Member State individually.The Commission has prepared a financial statement annexed to this proposal.5. Additional information• Amendment of existing legislationThe adoption of the proposal will entail the amendment of Council Decision 2008/839/JHA.• Review/revision/sunset clauseThe proposal contains a modified sunset clause. The new date of expiry will be set by the Council, acting in accordance with Article 71(2) of Council Decision 2007/533/JHA.• TimetableThe present Council Decision needs to be adopted in June 2010 at the latest in order to ensure the continuity of the preparations and the timely execution of activities covered.2009/0137 (CNS)Proposal for aCOUNCIL DECISIONamending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (b), Article 31(1)(a) and (b) and Article 34(2)(c) thereof,Having regard to the proposal from the Commission[14],Having regard to the opinion of the European Parliament[15],Whereas:1.  The second generation Schengen Information System (SIS II) was established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II)[16] and by Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second-generation Schengen Information System (SIS II)[17].2.  The conditions, procedures and responsibilities applicable to the migration from SIS 1+ to SIS II are laid down in Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS1+) to the second generation Schengen Information System (SIS II)[18] and Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS1+) to the second generation Schengen Information System (SIS II)[19]. However, those instruments will expire at the latest on 30 June 2010.3.  The preconditions for migration will not be met by 30 June 2010. In order for SIS II to become operational as required by Regulation (EC) 1987/2006 and Decision 2007/533/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA should therefore continue to apply until migration has been completed.4.  The Commission and Member States should continue to cooperate closely during all steps of the migration in order to complete the process. A group of experts should be established to complement the current organisational structure.5.  The Commission should remain responsible for the Central SIS II and its communication infrastructure. It is necessary to maintain and, where appropriate, further develop the Central SIS II and its communication infrastructure. Additional development of the Central SIS II should at all times include the correction of errors. The Commission should provide coordination and support for the joint activities.6.  A technical contingency plan for attaining SIS II functionalities should be foreseen. The description of the technical components of the migration architecture therefore should be adapted to allow for another technical solution regarding the development of Central SIS II.7.  The Member States should remain responsible for their national systems (N.SIS II). It is still necessary to maintain and, where appropriate, further develop the N.SIS II.8.  France should remain responsible for C.SIS.9.  Since the objectives of the action to be taken, namely setting up the interim migration architecture and the migrating the data from SIS 1+ to SIS II, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Communities and referred to in Article 2 of the Treaty on European Union. In accordance with the principle of proportionality, this Decision does not go beyond what is necessary to achieve those objectives.10.  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 [20].11.  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[21] .12.  This Decision is without prejudice to the arrangements for the United Kingdom's and Ireland's partial participation in the Schengen acquis as determined by the Council Decision 2000/365/EC and Decision 2002/192/EC respectively.13.  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 latter's association with the implementation, application and development of the Schengen acquis[22] , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999[23] on certain arrangements for the application of that Agreement.14.  As regards Switzerland, this Decision 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 acquis[24] , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/149/JHA[25] on the conclusion of that Agreement on behalf of the European Union.15.  As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999 read in conjunction with Article 3 of Council Decision 2008/262/EC of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of that Protocol[26],
Revised version (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. 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. 9. France shall make available data for test purpose, if necessary.
Article 11 Migration from SIS 1+ to SIS II
1. For the migration from C.SIS to Central SIS II, France shall make available the SIS 1+ database and the Commission shall introduce the SIS 1+ database into Central SIS II. 2. The Member States participating in SIS 1+ shall migrate from N.SIS to N.SIS II using the interim migration architecture, with the support of France and of the Commission, by 30 September 2009 at the latest. If necessary, this date may be changed in accordance with the procedure defined in Article 17(2). 3. The migration of the national system from SIS 1+ to SIS II consists of the data loading of N.SIS II, when that N.SIS II is to contain a data file, the national copy, containing a complete or partial copy of the SIS II database, followed by a switchover from N.SIS to N.SIS II for each Member State. The migration shall follow a detailed schedule provided by the Commission and the Member States participating in SIS 1+ acting within the Council. 4. The Commission shall assist in coordination and support of the common activities during the migration. 5. The switchover foreseen in the migration process shall be carried out after the validation mentioned in Article 8(7).
Amendment rationale: Context of the proposal Grounds for and objectives of the proposal The Commission is contributing to the availability of the new SIS II functionalities and thus to maintaining a high level of security within the area of justice, freedom and security. It seeks to give SIS II development fresh impetus after the analysis and repair period during which a considerable number of known issues and bugs have been fixed and solutions have been either designed or implemented to remedy them. This proposal, and a proposal for a Regulation on the same subject, aim to prevent Decision 2008/839/JHA governing the migration from the Schengen Information System in its current form (SIS 1+) to the second generation Schengen Information System (SIS II) from expiring before migration becomes technically feasible. Furthermore, this proposal ensures legal flexibility for the development of SIS II by means of the alternative technical scenario of SIS 1+ RE, in case a switchover to this scenario should take place. Simultaneously, in order to ensure efficient management of SIS II development and migration, a Global Programme Management Board (the "GPMB") is being set up as a group of experts for enhanced management and coordination of the global SIS II programme and related activities as a whole, as well as consistency between the central and national systems' developments. This proposal is congruent with the Council Conclusions of 4-5 of June 2009 which invited the Commission, building upon the experience of and the lessons learned from the global SIS II programme management approach established by the Council Conclusions of 26-27 February 2009 and in compliance with the legal framework, to table an enhanced management approach to the project management structure of SIS II. Transparency of the SIS II development process for the European Parliament is maintained through the existing reporting obligation. General context The Schengen Information System (SIS) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (the Schengen Convention), and its development, SIS 1+, constitute an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union. The development of the second generation of SIS (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS 1+. SIS II development takes into account the latest evolutions in the field of information technology and allows the introduction of added functionalities. 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[1] of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Council Decision 2007/533/JHA[2] of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II). These instruments foresee that they will apply to the Member States participating in SIS 1+ only as of dates to be fixed by the Council, acting by the unanimity of its Members representing the governments of the Member States participating in SIS 1+. They will then replace the provisions of the Schengen acquis governing SIS 1+, in particular the relevant provisions in the Schengen Convention. Before this can happen, the users of the SIS 1+ will have to migrate to the SIS II environment. A legal framework for the migration from SIS 1+ to the SIS II environment was therefore designed. In order to reduce the risks of service disruption during migration an interim technical architecture for the operations of SIS 1+ will allow SIS 1+ and certain technical parts of the architecture of SIS II to operate in parallel for a transitional period. The time-frame of the current migration instruments, and in particular their date of expiry which is currently set to be 30 June 2010 at the latest, appears no longer realistic. This proposal therefore aims at preventing expiry of Council Decision 2008/839/JHA before migration will take place. The GPMB's role would be to act as a focal point between the actors and stakeholders involved in global SIS II development. In particular, it would allow the Commission and the Member States to coordinate the global programme in keeping with their respective responsibilities and activities regarding the central and national SIS II projects. While maintaining the basic allocation of responsibility between the Commission, France and participating Member States as already contained in the instruments to be amended, this proposal will streamline management processes. Existing provisions in the area covered by the proposal - Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders[3] (the Schengen Convention); - Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)[4] as amended by Council Regulation (EC) 1988/2006 of 21 December 2006[5]; - Council Decision 2001/886/JHA of 6 December 2001[6] on the development of the second generation Schengen Information System (SIS II) as amended by Council Decision 2006/1007/JHA of 21 December 2006[7]; - 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 certificates[8]; - Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II[9]; - Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[10]; - Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[11]; - Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)[12]; - Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [13]. Consistency with other policies and objectives of the Union Not applicable.

52009PC0509Proposal for a Council Decision amending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)  /* COM/2009/0509 final - CNS 2009/0137 */[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 29.9.2009COM(2009) 509 final2009/0137 (CNS)Proposal for aCOUNCIL DECISIONamending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)EXPLANATORY MEMORANDUM1. Context of the proposal• Grounds for and objectives of the proposalThe Commission is contributing to the availability of the new SIS II functionalities and thus to maintaining a high level of security within the area of justice, freedom and security. It seeks to give SIS II development fresh impetus after the analysis and repair period during which a considerable number of known issues and bugs have been fixed and solutions have been either designed or implemented to remedy them.This proposal, and a proposal for a Regulation on the same subject, aim to prevent Decision 2008/839/JHA governing the migration from the Schengen Information System in its current form (SIS 1+) to the second generation Schengen Information System (SIS II) from expiring before migration becomes technically feasible. Furthermore, this proposal ensures legal flexibility for the development of SIS II by means of the alternative technical scenario of SIS 1+ RE, in case a switchover to this scenario should take place.Simultaneously, in order to ensure efficient management of SIS II development and migration, a Global Programme Management Board (the "GPMB") is being set up as a group of experts for enhanced management and coordination of the global SIS II programme and related activities as a whole, as well as consistency between the central and national systems' developments. This proposal is congruent with the Council Conclusions of 4-5 of June 2009 which invited the Commission, building upon the experience of and the lessons learned from the global SIS II programme management approach established by the Council Conclusions of 26-27 February 2009 and in compliance with the legal framework, to table an enhanced management approach to the project management structure of SIS II.Transparency of the SIS II development process for the European Parliament is maintained through the existing reporting obligation.• General contextThe Schengen Information System (SIS) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (the Schengen Convention), and its development, SIS 1+, constitute an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union.The development of the second generation of SIS (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS 1+. SIS II development takes into account the latest evolutions in the field of information technology and allows the introduction of added functionalities.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[1] of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Council Decision 2007/533/JHA[2] of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II). These instruments foresee that they will apply to the Member States participating in SIS 1+ only as of dates to be fixed by the Council, acting by the unanimity of its Members representing the governments of the Member States participating in SIS 1+. They will then replace the provisions of the Schengen acquis governing SIS 1+, in particular the relevant provisions in the Schengen Convention.Before this can happen, the users of the SIS 1+ will have to migrate to the SIS II environment. A legal framework for the migration from SIS 1+ to the SIS II environment was therefore designed. In order to reduce the risks of service disruption during migration an interim technical architecture for the operations of SIS 1+ will allow SIS 1+ and certain technical parts of the architecture of SIS II to operate in parallel for a transitional period.The time-frame of the current migration instruments, and in particular their date of expiry which is currently set to be 30 June 2010 at the latest, appears no longer realistic. This proposal therefore aims at preventing expiry of Council Decision 2008/839/JHA before migration will take place. The GPMB's role would be to act as a focal point between the actors and stakeholders involved in global SIS II development. In particular, it would allow the Commission and the Member States to coordinate the global programme in keeping with their respective responsibilities and activities regarding the central and national SIS II projects.While maintaining the basic allocation of responsibility between the Commission, France and participating Member States as already contained in the instruments to be amended, this proposal will streamline management processes.• Existing provisions in the area covered by the proposal-  Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders[3] (the Schengen Convention);-  Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)[4] as amended by Council Regulation (EC) 1988/2006 of 21 December 2006[5];-  Council Decision 2001/886/JHA of 6 December 2001[6] on the development of the second generation Schengen Information System (SIS II) as amended by Council Decision 2006/1007/JHA of 21 December 2006[7];-  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 certificates[8];-  Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II[9];-  Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[10];-  Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[11];-  Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)[12];-  Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [13].• Consistency with other policies and objectives of the UnionNot applicable.2. Consultation of interested parties and impact assessment• Consultation of interested partiesMember States' experts are closely involved in the continued development of SIS II, in particular in the framework of the SIS-VIS Committee. In addition, SIS II development has been discussed in the framework of the Council preparatory bodies. The Council Conclusions of 4-5 June 2009 invite the Commission to submit as soon as possible, but by October 2009 at the latest, appropriate legislative proposals to amend the migration instruments.• Summary of responses and how they have been taken into accountThe present proposal takes into account the result of extensive discussions with Member States, especially in the framework of the Article 36 committee.• Collection and use of expertiseExternal expertise was not used to prepare this proposal.• Impact assessmentNo Impact Assessment is required for this proposal for a Council Decision which is not included in the Commission's Annual Legislative and Work Programme (CLWP) and as it is the continuation of a technical project without clearly identifiable economic, social and environmental impacts.3. Legal elements of the proposal• Summary of the proposed actionThe objective of the present proposal is to prevent expiry of Council Decision 2008/839/JHA before migration, to ensure legal flexibility for an alternative technical scenario to attain SIS II functionalities based on SIS 1+, in case a switchover to this scenario should take place, and to render management of SIS II development and migration, in particular regarding coordination of Commission and Member State projects, as efficient as possible. In order to achieve the latter objective, the GPMB is set up as an expert group at global programme level.• Legal basisThe legal bases for this Decision are Articles 30(1) (a) and (b), 31(1)(a) and (b) and 34(2) (c) of the Treaty on European Union as it concerns operational cooperation between the competent authorities of Member States in relation to the prevention, detection and investigation of criminal offences, as well as the collection, storage, processing, analysis and exchange of relevant information. Moreover, this proposal has to do with facilitating and accelerating cooperation between competent ministries and judicial or equivalent authorities of the Member States, including, where appropriate, cooperation through Eurojust.• Subsidiarity principleThe proposal respects the principle of subsidiarity in that the main objective of the proposed action, namely the migration from SIS 1+ to SIS II, cannot be achieved by the Member States individually.• Proportionality principleThe present proposal does not go beyond what is necessary to achieve its objective. It complies with the proportionality principle in that the activities of the Commission remain limited to Central SIS II, coordination activities and the provision of a technical tool allowing for the successful exchange of SIS 1+ data between SIS 1+ and SIS II ('converter'). Furthermore, the GPMB has already been in existence as an informal consultation structure for the coordination purposes required by the existing instruments. Coordination between Commission and Member States is necessary to ensure global success of SIS II.• Choice of instrumentsA Council Decision is the only available legal form to postpone the expiry date of Council Decision 2008/839/JHA as initially phrased. For the remainder of this proposal, a Council Decision is the most appropriate instrument for the proposed action in view of the need to apply uniform rules and processes to the management of SIS II development and migration. The provisions set out in this Decision are precise and unconditional.A framework decision is not the appropriate instrument because the proposal involves no approximation of the laws of the Member States.Owing to the two-pillar nature of SIS II a Council Regulation based on Article 66 of the EC Treaty will complement the hereby proposed Council Decision.4. Budgetary implicationsCouncil Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA on the development of the second generation Schengen Information System laid down that the expenditure involved in the development of the SIS II is to be charged to the general budget of the European Union.Likewise, under Article 5 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 and under Article 5 of Council Decision No 533/2007 of 12 June 2007 the costs of setting up, operating and maintaining Central SIS II and the communication infrastructure are to be borne by the general budget of the European Union. The costs of setting up, operating and maintaining each N.SIS II shall be borne by the Member State concerned.Under Article 15 of Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA as they have been phrased heretofore, additional costs for migration, testing, maintenance and development measures at the central level (Central SIS II and Communication Infrastructure) had been allocated to the general budget of the European Union as well. Testing, migration, maintenance and development costs for the national systems, including N.SIS II, have continued to be borne by each Member State concerned.The present proposal does not modify this basic structure. It will, however, extend the existing legal basis that had already been laid down in Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA to cover the post-30 June 2010 period until migration. In addition, the cost arising from the meetings of the GPMB which is being set up by this proposal, including expenses for members and experts attending, would be borne by the general budget of the European Union. The necessary appropriations to cover the cost arising from the meetings of the GPMB will come from the appropriations currently foreseen in the Financial Programming 2010-2013 for the Schengen Information System (SIS II).The costs arising from activities at SIS 1+ level, including supplementary activities of France, acting on behalf of the Member States (of SIS 1+), shall continue to be borne in line with Article 119 of the Schengen Convention. This article provides that the costs of installing and operating the technical support function of SIS 1+, as referred to in Article 92 (3) of the Convention, including the cost of lines connecting the national sections of the Schengen Information System to the technical support function, are borne jointly by the Member States, while the costs of installing and operating the national section of the Schengen Information System are borne by each Member State individually.The Commission has prepared a financial statement annexed to this proposal.5. Additional information• Amendment of existing legislationThe adoption of the proposal will entail the amendment of Council Decision 2008/839/JHA.• Review/revision/sunset clauseThe proposal contains a modified sunset clause. The new date of expiry will be set by the Council, acting in accordance with Article 71(2) of Council Decision 2007/533/JHA.• TimetableThe present Council Decision needs to be adopted in June 2010 at the latest in order to ensure the continuity of the preparations and the timely execution of activities covered.2009/0137 (CNS)Proposal for aCOUNCIL DECISIONamending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (b), Article 31(1)(a) and (b) and Article 34(2)(c) thereof,Having regard to the proposal from the Commission[14],Having regard to the opinion of the European Parliament[15],Whereas:1.  The second generation Schengen Information System (SIS II) was established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II)[16] and by Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second-generation Schengen Information System (SIS II)[17].2.  The conditions, procedures and responsibilities applicable to the migration from SIS 1+ to SIS II are laid down in Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS1+) to the second generation Schengen Information System (SIS II)[18] and Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS1+) to the second generation Schengen Information System (SIS II)[19]. However, those instruments will expire at the latest on 30 June 2010.3.  The preconditions for migration will not be met by 30 June 2010. In order for SIS II to become operational as required by Regulation (EC) 1987/2006 and Decision 2007/533/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA should therefore continue to apply until migration has been completed.4.  The Commission and Member States should continue to cooperate closely during all steps of the migration in order to complete the process. A group of experts should be established to complement the current organisational structure.5.  The Commission should remain responsible for the Central SIS II and its communication infrastructure. It is necessary to maintain and, where appropriate, further develop the Central SIS II and its communication infrastructure. Additional development of the Central SIS II should at all times include the correction of errors. The Commission should provide coordination and support for the joint activities.6.  A technical contingency plan for attaining SIS II functionalities should be foreseen. The description of the technical components of the migration architecture therefore should be adapted to allow for another technical solution regarding the development of Central SIS II.7.  The Member States should remain responsible for their national systems (N.SIS II). It is still necessary to maintain and, where appropriate, further develop the N.SIS II.8.  France should remain responsible for C.SIS.9.  Since the objectives of the action to be taken, namely setting up the interim migration architecture and the migrating the data from SIS 1+ to SIS II, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Communities and referred to in Article 2 of the Treaty on European Union. In accordance with the principle of proportionality, this Decision does not go beyond what is necessary to achieve those objectives.10.  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 [20].11.  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[21] .12.  This Decision is without prejudice to the arrangements for the United Kingdom's and Ireland's partial participation in the Schengen acquis as determined by the Council Decision 2000/365/EC and Decision 2002/192/EC respectively.13.  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 latter's association with the implementation, application and development of the Schengen acquis[22] , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999[23] on certain arrangements for the application of that Agreement.14.  As regards Switzerland, this Decision 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 acquis[24] , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/149/JHA[25] on the conclusion of that Agreement on behalf of the European Union.15.  As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999 read in conjunction with Article 3 of Council Decision 2008/262/EC of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of that Protocol[26],
Revised version (Article 11 Migration from SIS 1+ to SIS II):
1. For the migration from C.SIS to Central SIS II, France shall make available the SIS 1+ database and the Commission shall introduce the SIS 1+ database into Central SIS II. 2. The Member States participating in SIS 1+ shall migrate from N.SIS to N.SIS II using the interim migration architecture, with the support of France and of the Commission. 3. The migration of the national system from SIS 1+ to SIS II consists of the data loading of N.SIS II, when that N.SIS II is to contain a data file, the national copy, containing a complete or partial copy of the SIS II database, followed by a switchover from N.SIS to N.SIS II for each Member State. The migration shall follow a detailed schedule provided by the Commission and the Member States participating in SIS 1+ acting within the Council. 4. The Commission shall assist in coordination and support of the common activities during the migration. 5. The switchover foreseen in the migration process shall be carried out after the validation mentioned in Article 8(7).
Article 12 Substantive legal framework
During the migration, the provisions of Title IV of the Schengen Convention shall continue to apply to the Schengen Information System.
Article 13 Cooperation
1. The Member States and the Commission shall cooperate for the execution of all the activities covered by this Decision in accordance with their respective responsibilities. 2. The Commission shall in particular provide the necessary support at Central SIS II level for the testing and migration of N.SIS II. 3. Member States shall in particular provide the necessary support at N.SIS II level for the testing of the interim migration infrastructure.
Article 14 Keeping of records in Central SIS II
1. Without prejudice to the relevant provisions of Title IV of the Schengen Convention, the Commission shall ensure that every access to and all exchanges of personal data within Central SIS II are recorded for the purposes of checking whether or not the search is lawful, monitoring the lawfulness of data processing and ensuring the proper functioning of Central SIS II and of national systems, data integrity and security. 2. The records shall show, in particular, the date and time of the data transmitted, the data used to perform searches, the reference to the data transmitted and the name of the competent authority responsible for processing the data. 3. The records may only be used for the purposes referred to in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years after their creation. 4. Records may be kept longer if they are required for monitoring procedures that are already underway. 5. The competent authorities in charge of checking whether or not a search is lawful, monitoring the lawfulness of data processing, self-monitoring and ensuring the proper functioning of Central SIS II, data integrity and security, shall have access, within the limits of their competence and at their request, to those records for the purpose of fulfilling their tasks.
Article 15 Costs
1. The costs arising from migration, the comprehensive test, the test on supplementary information, maintenance and 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 migration, testing, maintenance and development of the national systems shall be borne by each Member State concerned. 3. 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 be borne in accordance with the provisions of Article 119 of the Schengen Convention.
Article 16 Amendment of the provisions of the Schengen Convention
The provisions of the Schengen Convention are hereby amended as follows:
Amendment rationale: Context of the proposal Grounds for and objectives of the proposal The Commission is contributing to the availability of the new SIS II functionalities and thus to maintaining a high level of security within the area of justice, freedom and security. It seeks to give SIS II development fresh impetus after the analysis and repair period during which a considerable number of known issues and bugs have been fixed and solutions have been either designed or implemented to remedy them. This proposal, and a proposal for a Regulation on the same subject, aim to prevent Decision 2008/839/JHA governing the migration from the Schengen Information System in its current form (SIS 1+) to the second generation Schengen Information System (SIS II) from expiring before migration becomes technically feasible. Furthermore, this proposal ensures legal flexibility for the development of SIS II by means of the alternative technical scenario of SIS 1+ RE, in case a switchover to this scenario should take place. Simultaneously, in order to ensure efficient management of SIS II development and migration, a Global Programme Management Board (the "GPMB") is being set up as a group of experts for enhanced management and coordination of the global SIS II programme and related activities as a whole, as well as consistency between the central and national systems' developments. This proposal is congruent with the Council Conclusions of 4-5 of June 2009 which invited the Commission, building upon the experience of and the lessons learned from the global SIS II programme management approach established by the Council Conclusions of 26-27 February 2009 and in compliance with the legal framework, to table an enhanced management approach to the project management structure of SIS II. Transparency of the SIS II development process for the European Parliament is maintained through the existing reporting obligation. General context The Schengen Information System (SIS) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (the Schengen Convention), and its development, SIS 1+, constitute an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union. The development of the second generation of SIS (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS 1+. SIS II development takes into account the latest evolutions in the field of information technology and allows the introduction of added functionalities. 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[1] of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Council Decision 2007/533/JHA[2] of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II). These instruments foresee that they will apply to the Member States participating in SIS 1+ only as of dates to be fixed by the Council, acting by the unanimity of its Members representing the governments of the Member States participating in SIS 1+. They will then replace the provisions of the Schengen acquis governing SIS 1+, in particular the relevant provisions in the Schengen Convention. Before this can happen, the users of the SIS 1+ will have to migrate to the SIS II environment. A legal framework for the migration from SIS 1+ to the SIS II environment was therefore designed. In order to reduce the risks of service disruption during migration an interim technical architecture for the operations of SIS 1+ will allow SIS 1+ and certain technical parts of the architecture of SIS II to operate in parallel for a transitional period. The time-frame of the current migration instruments, and in particular their date of expiry which is currently set to be 30 June 2010 at the latest, appears no longer realistic. This proposal therefore aims at preventing expiry of Council Decision 2008/839/JHA before migration will take place. The GPMB's role would be to act as a focal point between the actors and stakeholders involved in global SIS II development. In particular, it would allow the Commission and the Member States to coordinate the global programme in keeping with their respective responsibilities and activities regarding the central and national SIS II projects. While maintaining the basic allocation of responsibility between the Commission, France and participating Member States as already contained in the instruments to be amended, this proposal will streamline management processes. Existing provisions in the area covered by the proposal - Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders[3] (the Schengen Convention); - Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)[4] as amended by Council Regulation (EC) 1988/2006 of 21 December 2006[5]; - Council Decision 2001/886/JHA of 6 December 2001[6] on the development of the second generation Schengen Information System (SIS II) as amended by Council Decision 2006/1007/JHA of 21 December 2006[7]; - 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 certificates[8]; - Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II[9]; - Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[10]; - Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[11]; - Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)[12]; - Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [13]. Consistency with other policies and objectives of the Union Not applicable.

52009PC0509Proposal for a Council Decision amending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)  /* COM/2009/0509 final - CNS 2009/0137 */[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 29.9.2009COM(2009) 509 final2009/0137 (CNS)Proposal for aCOUNCIL DECISIONamending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)EXPLANATORY MEMORANDUM1. Context of the proposal• Grounds for and objectives of the proposalThe Commission is contributing to the availability of the new SIS II functionalities and thus to maintaining a high level of security within the area of justice, freedom and security. It seeks to give SIS II development fresh impetus after the analysis and repair period during which a considerable number of known issues and bugs have been fixed and solutions have been either designed or implemented to remedy them.This proposal, and a proposal for a Regulation on the same subject, aim to prevent Decision 2008/839/JHA governing the migration from the Schengen Information System in its current form (SIS 1+) to the second generation Schengen Information System (SIS II) from expiring before migration becomes technically feasible. Furthermore, this proposal ensures legal flexibility for the development of SIS II by means of the alternative technical scenario of SIS 1+ RE, in case a switchover to this scenario should take place.Simultaneously, in order to ensure efficient management of SIS II development and migration, a Global Programme Management Board (the "GPMB") is being set up as a group of experts for enhanced management and coordination of the global SIS II programme and related activities as a whole, as well as consistency between the central and national systems' developments. This proposal is congruent with the Council Conclusions of 4-5 of June 2009 which invited the Commission, building upon the experience of and the lessons learned from the global SIS II programme management approach established by the Council Conclusions of 26-27 February 2009 and in compliance with the legal framework, to table an enhanced management approach to the project management structure of SIS II.Transparency of the SIS II development process for the European Parliament is maintained through the existing reporting obligation.• General contextThe Schengen Information System (SIS) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (the Schengen Convention), and its development, SIS 1+, constitute an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union.The development of the second generation of SIS (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS 1+. SIS II development takes into account the latest evolutions in the field of information technology and allows the introduction of added functionalities.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[1] of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Council Decision 2007/533/JHA[2] of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II). These instruments foresee that they will apply to the Member States participating in SIS 1+ only as of dates to be fixed by the Council, acting by the unanimity of its Members representing the governments of the Member States participating in SIS 1+. They will then replace the provisions of the Schengen acquis governing SIS 1+, in particular the relevant provisions in the Schengen Convention.Before this can happen, the users of the SIS 1+ will have to migrate to the SIS II environment. A legal framework for the migration from SIS 1+ to the SIS II environment was therefore designed. In order to reduce the risks of service disruption during migration an interim technical architecture for the operations of SIS 1+ will allow SIS 1+ and certain technical parts of the architecture of SIS II to operate in parallel for a transitional period.The time-frame of the current migration instruments, and in particular their date of expiry which is currently set to be 30 June 2010 at the latest, appears no longer realistic. This proposal therefore aims at preventing expiry of Council Decision 2008/839/JHA before migration will take place. The GPMB's role would be to act as a focal point between the actors and stakeholders involved in global SIS II development. In particular, it would allow the Commission and the Member States to coordinate the global programme in keeping with their respective responsibilities and activities regarding the central and national SIS II projects.While maintaining the basic allocation of responsibility between the Commission, France and participating Member States as already contained in the instruments to be amended, this proposal will streamline management processes.• Existing provisions in the area covered by the proposal-  Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders[3] (the Schengen Convention);-  Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)[4] as amended by Council Regulation (EC) 1988/2006 of 21 December 2006[5];-  Council Decision 2001/886/JHA of 6 December 2001[6] on the development of the second generation Schengen Information System (SIS II) as amended by Council Decision 2006/1007/JHA of 21 December 2006[7];-  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 certificates[8];-  Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II[9];-  Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[10];-  Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[11];-  Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)[12];-  Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [13].• Consistency with other policies and objectives of the UnionNot applicable.2. Consultation of interested parties and impact assessment• Consultation of interested partiesMember States' experts are closely involved in the continued development of SIS II, in particular in the framework of the SIS-VIS Committee. In addition, SIS II development has been discussed in the framework of the Council preparatory bodies. The Council Conclusions of 4-5 June 2009 invite the Commission to submit as soon as possible, but by October 2009 at the latest, appropriate legislative proposals to amend the migration instruments.• Summary of responses and how they have been taken into accountThe present proposal takes into account the result of extensive discussions with Member States, especially in the framework of the Article 36 committee.• Collection and use of expertiseExternal expertise was not used to prepare this proposal.• Impact assessmentNo Impact Assessment is required for this proposal for a Council Decision which is not included in the Commission's Annual Legislative and Work Programme (CLWP) and as it is the continuation of a technical project without clearly identifiable economic, social and environmental impacts.3. Legal elements of the proposal• Summary of the proposed actionThe objective of the present proposal is to prevent expiry of Council Decision 2008/839/JHA before migration, to ensure legal flexibility for an alternative technical scenario to attain SIS II functionalities based on SIS 1+, in case a switchover to this scenario should take place, and to render management of SIS II development and migration, in particular regarding coordination of Commission and Member State projects, as efficient as possible. In order to achieve the latter objective, the GPMB is set up as an expert group at global programme level.• Legal basisThe legal bases for this Decision are Articles 30(1) (a) and (b), 31(1)(a) and (b) and 34(2) (c) of the Treaty on European Union as it concerns operational cooperation between the competent authorities of Member States in relation to the prevention, detection and investigation of criminal offences, as well as the collection, storage, processing, analysis and exchange of relevant information. Moreover, this proposal has to do with facilitating and accelerating cooperation between competent ministries and judicial or equivalent authorities of the Member States, including, where appropriate, cooperation through Eurojust.• Subsidiarity principleThe proposal respects the principle of subsidiarity in that the main objective of the proposed action, namely the migration from SIS 1+ to SIS II, cannot be achieved by the Member States individually.• Proportionality principleThe present proposal does not go beyond what is necessary to achieve its objective. It complies with the proportionality principle in that the activities of the Commission remain limited to Central SIS II, coordination activities and the provision of a technical tool allowing for the successful exchange of SIS 1+ data between SIS 1+ and SIS II ('converter'). Furthermore, the GPMB has already been in existence as an informal consultation structure for the coordination purposes required by the existing instruments. Coordination between Commission and Member States is necessary to ensure global success of SIS II.• Choice of instrumentsA Council Decision is the only available legal form to postpone the expiry date of Council Decision 2008/839/JHA as initially phrased. For the remainder of this proposal, a Council Decision is the most appropriate instrument for the proposed action in view of the need to apply uniform rules and processes to the management of SIS II development and migration. The provisions set out in this Decision are precise and unconditional.A framework decision is not the appropriate instrument because the proposal involves no approximation of the laws of the Member States.Owing to the two-pillar nature of SIS II a Council Regulation based on Article 66 of the EC Treaty will complement the hereby proposed Council Decision.4. Budgetary implicationsCouncil Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA on the development of the second generation Schengen Information System laid down that the expenditure involved in the development of the SIS II is to be charged to the general budget of the European Union.Likewise, under Article 5 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 and under Article 5 of Council Decision No 533/2007 of 12 June 2007 the costs of setting up, operating and maintaining Central SIS II and the communication infrastructure are to be borne by the general budget of the European Union. The costs of setting up, operating and maintaining each N.SIS II shall be borne by the Member State concerned.Under Article 15 of Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA as they have been phrased heretofore, additional costs for migration, testing, maintenance and development measures at the central level (Central SIS II and Communication Infrastructure) had been allocated to the general budget of the European Union as well. Testing, migration, maintenance and development costs for the national systems, including N.SIS II, have continued to be borne by each Member State concerned.The present proposal does not modify this basic structure. It will, however, extend the existing legal basis that had already been laid down in Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA to cover the post-30 June 2010 period until migration. In addition, the cost arising from the meetings of the GPMB which is being set up by this proposal, including expenses for members and experts attending, would be borne by the general budget of the European Union. The necessary appropriations to cover the cost arising from the meetings of the GPMB will come from the appropriations currently foreseen in the Financial Programming 2010-2013 for the Schengen Information System (SIS II).The costs arising from activities at SIS 1+ level, including supplementary activities of France, acting on behalf of the Member States (of SIS 1+), shall continue to be borne in line with Article 119 of the Schengen Convention. This article provides that the costs of installing and operating the technical support function of SIS 1+, as referred to in Article 92 (3) of the Convention, including the cost of lines connecting the national sections of the Schengen Information System to the technical support function, are borne jointly by the Member States, while the costs of installing and operating the national section of the Schengen Information System are borne by each Member State individually.The Commission has prepared a financial statement annexed to this proposal.5. Additional information• Amendment of existing legislationThe adoption of the proposal will entail the amendment of Council Decision 2008/839/JHA.• Review/revision/sunset clauseThe proposal contains a modified sunset clause. The new date of expiry will be set by the Council, acting in accordance with Article 71(2) of Council Decision 2007/533/JHA.• TimetableThe present Council Decision needs to be adopted in June 2010 at the latest in order to ensure the continuity of the preparations and the timely execution of activities covered.2009/0137 (CNS)Proposal for aCOUNCIL DECISIONamending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (b), Article 31(1)(a) and (b) and Article 34(2)(c) thereof,Having regard to the proposal from the Commission[14],Having regard to the opinion of the European Parliament[15],Whereas:1.  The second generation Schengen Information System (SIS II) was established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II)[16] and by Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second-generation Schengen Information System (SIS II)[17].2.  The conditions, procedures and responsibilities applicable to the migration from SIS 1+ to SIS II are laid down in Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS1+) to the second generation Schengen Information System (SIS II)[18] and Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS1+) to the second generation Schengen Information System (SIS II)[19]. However, those instruments will expire at the latest on 30 June 2010.3.  The preconditions for migration will not be met by 30 June 2010. In order for SIS II to become operational as required by Regulation (EC) 1987/2006 and Decision 2007/533/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA should therefore continue to apply until migration has been completed.4.  The Commission and Member States should continue to cooperate closely during all steps of the migration in order to complete the process. A group of experts should be established to complement the current organisational structure.5.  The Commission should remain responsible for the Central SIS II and its communication infrastructure. It is necessary to maintain and, where appropriate, further develop the Central SIS II and its communication infrastructure. Additional development of the Central SIS II should at all times include the correction of errors. The Commission should provide coordination and support for the joint activities.6.  A technical contingency plan for attaining SIS II functionalities should be foreseen. The description of the technical components of the migration architecture therefore should be adapted to allow for another technical solution regarding the development of Central SIS II.7.  The Member States should remain responsible for their national systems (N.SIS II). It is still necessary to maintain and, where appropriate, further develop the N.SIS II.8.  France should remain responsible for C.SIS.9.  Since the objectives of the action to be taken, namely setting up the interim migration architecture and the migrating the data from SIS 1+ to SIS II, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Communities and referred to in Article 2 of the Treaty on European Union. In accordance with the principle of proportionality, this Decision does not go beyond what is necessary to achieve those objectives.10.  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 [20].11.  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[21] .12.  This Decision is without prejudice to the arrangements for the United Kingdom's and Ireland's partial participation in the Schengen acquis as determined by the Council Decision 2000/365/EC and Decision 2002/192/EC respectively.13.  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 latter's association with the implementation, application and development of the Schengen acquis[22] , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999[23] on certain arrangements for the application of that Agreement.14.  As regards Switzerland, this Decision 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 acquis[24] , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/149/JHA[25] on the conclusion of that Agreement on behalf of the European Union.15.  As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999 read in conjunction with Article 3 of Council Decision 2008/262/EC of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of that Protocol[26],
Revised version (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 1104/2008 ( 19 ) and Council Decision 2008/839/JHA ( 20 ) 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;
(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),
— 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;
— 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;
(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.
(c) an infrastructure for communication between Central SIS II and the N.SIS II connected to the NI-SIS.
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 Council Decision 2008/839/JHA and in Articles 5(1), 10(1), (2) and (3) of Council Regulation (EC) No 1104/2008.
5. Central SIS II shall provide the services necessary for the entry and processing of SIS data, the on-line update of N.SIS II national 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 Council Decision 2008/839/JHA and of Council 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 Council Decision 2008/839/JHA and Council Regulation (EC) No 1104/2008 shall be borne by each Member State individually.’
Article 17 Committee
1. The Commission shall be assisted by the Committee established by Article 67(1) of Decision 2007/533/JHA. 2. Where reference is made to this paragraph, the procedure set out in Article 67 of Decision 2007/533/JHA shall apply.
Article 18 Reporting
The Commission shall submit by the end of every six month period, and for the first time by the end of the first six month period of 2009, a progress report to the European Parliament and the Council concerning the development of SIS II and the migration from SIS 1+ to SIS II.
Article 19 Entry into force and applicability
This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union . It shall expire on a date to be fixed by the Council, acting in accordance with Article 71(2) of Decision 2007/533/JHA, and in any case no later than on 30 June 2010.
Amendment rationale: Context of the proposal Grounds for and objectives of the proposal The Commission is contributing to the availability of the new SIS II functionalities and thus to maintaining a high level of security within the area of justice, freedom and security. It seeks to give SIS II development fresh impetus after the analysis and repair period during which a considerable number of known issues and bugs have been fixed and solutions have been either designed or implemented to remedy them. This proposal, and a proposal for a Regulation on the same subject, aim to prevent Decision 2008/839/JHA governing the migration from the Schengen Information System in its current form (SIS 1+) to the second generation Schengen Information System (SIS II) from expiring before migration becomes technically feasible. Furthermore, this proposal ensures legal flexibility for the development of SIS II by means of the alternative technical scenario of SIS 1+ RE, in case a switchover to this scenario should take place. Simultaneously, in order to ensure efficient management of SIS II development and migration, a Global Programme Management Board (the "GPMB") is being set up as a group of experts for enhanced management and coordination of the global SIS II programme and related activities as a whole, as well as consistency between the central and national systems' developments. This proposal is congruent with the Council Conclusions of 4-5 of June 2009 which invited the Commission, building upon the experience of and the lessons learned from the global SIS II programme management approach established by the Council Conclusions of 26-27 February 2009 and in compliance with the legal framework, to table an enhanced management approach to the project management structure of SIS II. Transparency of the SIS II development process for the European Parliament is maintained through the existing reporting obligation. General context The Schengen Information System (SIS) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (the Schengen Convention), and its development, SIS 1+, constitute an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union. The development of the second generation of SIS (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS 1+. SIS II development takes into account the latest evolutions in the field of information technology and allows the introduction of added functionalities. 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[1] of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Council Decision 2007/533/JHA[2] of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II). These instruments foresee that they will apply to the Member States participating in SIS 1+ only as of dates to be fixed by the Council, acting by the unanimity of its Members representing the governments of the Member States participating in SIS 1+. They will then replace the provisions of the Schengen acquis governing SIS 1+, in particular the relevant provisions in the Schengen Convention. Before this can happen, the users of the SIS 1+ will have to migrate to the SIS II environment. A legal framework for the migration from SIS 1+ to the SIS II environment was therefore designed. In order to reduce the risks of service disruption during migration an interim technical architecture for the operations of SIS 1+ will allow SIS 1+ and certain technical parts of the architecture of SIS II to operate in parallel for a transitional period. The time-frame of the current migration instruments, and in particular their date of expiry which is currently set to be 30 June 2010 at the latest, appears no longer realistic. This proposal therefore aims at preventing expiry of Council Decision 2008/839/JHA before migration will take place. The GPMB's role would be to act as a focal point between the actors and stakeholders involved in global SIS II development. In particular, it would allow the Commission and the Member States to coordinate the global programme in keeping with their respective responsibilities and activities regarding the central and national SIS II projects. While maintaining the basic allocation of responsibility between the Commission, France and participating Member States as already contained in the instruments to be amended, this proposal will streamline management processes. Existing provisions in the area covered by the proposal - Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders[3] (the Schengen Convention); - Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)[4] as amended by Council Regulation (EC) 1988/2006 of 21 December 2006[5]; - Council Decision 2001/886/JHA of 6 December 2001[6] on the development of the second generation Schengen Information System (SIS II) as amended by Council Decision 2006/1007/JHA of 21 December 2006[7]; - 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 certificates[8]; - Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II[9]; - Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[10]; - Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[11]; - Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)[12]; - Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [13]. Consistency with other policies and objectives of the Union Not applicable.

52009PC0509Proposal for a Council Decision amending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)  /* COM/2009/0509 final - CNS 2009/0137 */[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 29.9.2009COM(2009) 509 final2009/0137 (CNS)Proposal for aCOUNCIL DECISIONamending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)EXPLANATORY MEMORANDUM1. Context of the proposal• Grounds for and objectives of the proposalThe Commission is contributing to the availability of the new SIS II functionalities and thus to maintaining a high level of security within the area of justice, freedom and security. It seeks to give SIS II development fresh impetus after the analysis and repair period during which a considerable number of known issues and bugs have been fixed and solutions have been either designed or implemented to remedy them.This proposal, and a proposal for a Regulation on the same subject, aim to prevent Decision 2008/839/JHA governing the migration from the Schengen Information System in its current form (SIS 1+) to the second generation Schengen Information System (SIS II) from expiring before migration becomes technically feasible. Furthermore, this proposal ensures legal flexibility for the development of SIS II by means of the alternative technical scenario of SIS 1+ RE, in case a switchover to this scenario should take place.Simultaneously, in order to ensure efficient management of SIS II development and migration, a Global Programme Management Board (the "GPMB") is being set up as a group of experts for enhanced management and coordination of the global SIS II programme and related activities as a whole, as well as consistency between the central and national systems' developments. This proposal is congruent with the Council Conclusions of 4-5 of June 2009 which invited the Commission, building upon the experience of and the lessons learned from the global SIS II programme management approach established by the Council Conclusions of 26-27 February 2009 and in compliance with the legal framework, to table an enhanced management approach to the project management structure of SIS II.Transparency of the SIS II development process for the European Parliament is maintained through the existing reporting obligation.• General contextThe Schengen Information System (SIS) set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (the Schengen Convention), and its development, SIS 1+, constitute an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union.The development of the second generation of SIS (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS 1+. SIS II development takes into account the latest evolutions in the field of information technology and allows the introduction of added functionalities.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[1] of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Council Decision 2007/533/JHA[2] of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II). These instruments foresee that they will apply to the Member States participating in SIS 1+ only as of dates to be fixed by the Council, acting by the unanimity of its Members representing the governments of the Member States participating in SIS 1+. They will then replace the provisions of the Schengen acquis governing SIS 1+, in particular the relevant provisions in the Schengen Convention.Before this can happen, the users of the SIS 1+ will have to migrate to the SIS II environment. A legal framework for the migration from SIS 1+ to the SIS II environment was therefore designed. In order to reduce the risks of service disruption during migration an interim technical architecture for the operations of SIS 1+ will allow SIS 1+ and certain technical parts of the architecture of SIS II to operate in parallel for a transitional period.The time-frame of the current migration instruments, and in particular their date of expiry which is currently set to be 30 June 2010 at the latest, appears no longer realistic. This proposal therefore aims at preventing expiry of Council Decision 2008/839/JHA before migration will take place. The GPMB's role would be to act as a focal point between the actors and stakeholders involved in global SIS II development. In particular, it would allow the Commission and the Member States to coordinate the global programme in keeping with their respective responsibilities and activities regarding the central and national SIS II projects.While maintaining the basic allocation of responsibility between the Commission, France and participating Member States as already contained in the instruments to be amended, this proposal will streamline management processes.• Existing provisions in the area covered by the proposal-  Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders[3] (the Schengen Convention);-  Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)[4] as amended by Council Regulation (EC) 1988/2006 of 21 December 2006[5];-  Council Decision 2001/886/JHA of 6 December 2001[6] on the development of the second generation Schengen Information System (SIS II) as amended by Council Decision 2006/1007/JHA of 21 December 2006[7];-  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 certificates[8];-  Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II[9];-  Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[10];-  Council Decision 2008/173/EC of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II)[11];-  Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)[12];-  Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) [13].• Consistency with other policies and objectives of the UnionNot applicable.2. Consultation of interested parties and impact assessment• Consultation of interested partiesMember States' experts are closely involved in the continued development of SIS II, in particular in the framework of the SIS-VIS Committee. In addition, SIS II development has been discussed in the framework of the Council preparatory bodies. The Council Conclusions of 4-5 June 2009 invite the Commission to submit as soon as possible, but by October 2009 at the latest, appropriate legislative proposals to amend the migration instruments.• Summary of responses and how they have been taken into accountThe present proposal takes into account the result of extensive discussions with Member States, especially in the framework of the Article 36 committee.• Collection and use of expertiseExternal expertise was not used to prepare this proposal.• Impact assessmentNo Impact Assessment is required for this proposal for a Council Decision which is not included in the Commission's Annual Legislative and Work Programme (CLWP) and as it is the continuation of a technical project without clearly identifiable economic, social and environmental impacts.3. Legal elements of the proposal• Summary of the proposed actionThe objective of the present proposal is to prevent expiry of Council Decision 2008/839/JHA before migration, to ensure legal flexibility for an alternative technical scenario to attain SIS II functionalities based on SIS 1+, in case a switchover to this scenario should take place, and to render management of SIS II development and migration, in particular regarding coordination of Commission and Member State projects, as efficient as possible. In order to achieve the latter objective, the GPMB is set up as an expert group at global programme level.• Legal basisThe legal bases for this Decision are Articles 30(1) (a) and (b), 31(1)(a) and (b) and 34(2) (c) of the Treaty on European Union as it concerns operational cooperation between the competent authorities of Member States in relation to the prevention, detection and investigation of criminal offences, as well as the collection, storage, processing, analysis and exchange of relevant information. Moreover, this proposal has to do with facilitating and accelerating cooperation between competent ministries and judicial or equivalent authorities of the Member States, including, where appropriate, cooperation through Eurojust.• Subsidiarity principleThe proposal respects the principle of subsidiarity in that the main objective of the proposed action, namely the migration from SIS 1+ to SIS II, cannot be achieved by the Member States individually.• Proportionality principleThe present proposal does not go beyond what is necessary to achieve its objective. It complies with the proportionality principle in that the activities of the Commission remain limited to Central SIS II, coordination activities and the provision of a technical tool allowing for the successful exchange of SIS 1+ data between SIS 1+ and SIS II ('converter'). Furthermore, the GPMB has already been in existence as an informal consultation structure for the coordination purposes required by the existing instruments. Coordination between Commission and Member States is necessary to ensure global success of SIS II.• Choice of instrumentsA Council Decision is the only available legal form to postpone the expiry date of Council Decision 2008/839/JHA as initially phrased. For the remainder of this proposal, a Council Decision is the most appropriate instrument for the proposed action in view of the need to apply uniform rules and processes to the management of SIS II development and migration. The provisions set out in this Decision are precise and unconditional.A framework decision is not the appropriate instrument because the proposal involves no approximation of the laws of the Member States.Owing to the two-pillar nature of SIS II a Council Regulation based on Article 66 of the EC Treaty will complement the hereby proposed Council Decision.4. Budgetary implicationsCouncil Regulation (EC) No 2424/2001 and Council Decision 2001/886/JHA on the development of the second generation Schengen Information System laid down that the expenditure involved in the development of the SIS II is to be charged to the general budget of the European Union.Likewise, under Article 5 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 and under Article 5 of Council Decision No 533/2007 of 12 June 2007 the costs of setting up, operating and maintaining Central SIS II and the communication infrastructure are to be borne by the general budget of the European Union. The costs of setting up, operating and maintaining each N.SIS II shall be borne by the Member State concerned.Under Article 15 of Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA as they have been phrased heretofore, additional costs for migration, testing, maintenance and development measures at the central level (Central SIS II and Communication Infrastructure) had been allocated to the general budget of the European Union as well. Testing, migration, maintenance and development costs for the national systems, including N.SIS II, have continued to be borne by each Member State concerned.The present proposal does not modify this basic structure. It will, however, extend the existing legal basis that had already been laid down in Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA to cover the post-30 June 2010 period until migration. In addition, the cost arising from the meetings of the GPMB which is being set up by this proposal, including expenses for members and experts attending, would be borne by the general budget of the European Union. The necessary appropriations to cover the cost arising from the meetings of the GPMB will come from the appropriations currently foreseen in the Financial Programming 2010-2013 for the Schengen Information System (SIS II).The costs arising from activities at SIS 1+ level, including supplementary activities of France, acting on behalf of the Member States (of SIS 1+), shall continue to be borne in line with Article 119 of the Schengen Convention. This article provides that the costs of installing and operating the technical support function of SIS 1+, as referred to in Article 92 (3) of the Convention, including the cost of lines connecting the national sections of the Schengen Information System to the technical support function, are borne jointly by the Member States, while the costs of installing and operating the national section of the Schengen Information System are borne by each Member State individually.The Commission has prepared a financial statement annexed to this proposal.5. Additional information• Amendment of existing legislationThe adoption of the proposal will entail the amendment of Council Decision 2008/839/JHA.• Review/revision/sunset clauseThe proposal contains a modified sunset clause. The new date of expiry will be set by the Council, acting in accordance with Article 71(2) of Council Decision 2007/533/JHA.• TimetableThe present Council Decision needs to be adopted in June 2010 at the latest in order to ensure the continuity of the preparations and the timely execution of activities covered.2009/0137 (CNS)Proposal for aCOUNCIL DECISIONamending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (b), Article 31(1)(a) and (b) and Article 34(2)(c) thereof,Having regard to the proposal from the Commission[14],Having regard to the opinion of the European Parliament[15],Whereas:1.  The second generation Schengen Information System (SIS II) was established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II)[16] and by Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second-generation Schengen Information System (SIS II)[17].2.  The conditions, procedures and responsibilities applicable to the migration from SIS 1+ to SIS II are laid down in Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS1+) to the second generation Schengen Information System (SIS II)[18] and Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS1+) to the second generation Schengen Information System (SIS II)[19]. However, those instruments will expire at the latest on 30 June 2010.3.  The preconditions for migration will not be met by 30 June 2010. In order for SIS II to become operational as required by Regulation (EC) 1987/2006 and Decision 2007/533/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA should therefore continue to apply until migration has been completed.4.  The Commission and Member States should continue to cooperate closely during all steps of the migration in order to complete the process. A group of experts should be established to complement the current organisational structure.5.  The Commission should remain responsible for the Central SIS II and its communication infrastructure. It is necessary to maintain and, where appropriate, further develop the Central SIS II and its communication infrastructure. Additional development of the Central SIS II should at all times include the correction of errors. The Commission should provide coordination and support for the joint activities.6.  A technical contingency plan for attaining SIS II functionalities should be foreseen. The description of the technical components of the migration architecture therefore should be adapted to allow for another technical solution regarding the development of Central SIS II.7.  The Member States should remain responsible for their national systems (N.SIS II). It is still necessary to maintain and, where appropriate, further develop the N.SIS II.8.  France should remain responsible for C.SIS.9.  Since the objectives of the action to be taken, namely setting up the interim migration architecture and the migrating the data from SIS 1+ to SIS II, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Communities and referred to in Article 2 of the Treaty on European Union. In accordance with the principle of proportionality, this Decision does not go beyond what is necessary to achieve those objectives.10.  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 [20].11.  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[21] .12.  This Decision is without prejudice to the arrangements for the United Kingdom's and Ireland's partial participation in the Schengen acquis as determined by the Council Decision 2000/365/EC and Decision 2002/192/EC respectively.13.  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 latter's association with the implementation, application and development of the Schengen acquis[22] , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999[23] on certain arrangements for the application of that Agreement.14.  As regards Switzerland, this Decision 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 acquis[24] , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/149/JHA[25] on the conclusion of that Agreement on behalf of the European Union.15.  As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis , which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999 read in conjunction with Article 3 of Council Decision 2008/262/EC of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of that Protocol[26],
Revised version (Article 19 Entry into force and applicability):
This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union .