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Legal instruments governing migration from SIS 1+ to SIS II

The second generation Schengen Information System (SIS II) will be a large-scale information system containing alerts on persons and objects. It will be used by border guards, customs officers, visa- and law-enforcement authorities throughout the Schengen area, with a view to ensuring a high level of security. This new system is currently undergoing extensive testing in close cooperation with European Union (EU) countries and associated countries participating in the Schengen area (referred to below as the Member States) and will replace the current system, providing enhanced functionalities. The legal instruments governing migration from SIS 1+ to SIS II lay down the tasks and responsibilities of the Commission and Member States for preparing this migration, including further development and testing of SIS II.

ACTS

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) [See amending act(s)].

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) [See amending act(s)].

SUMMARY

The Schengen Information System (SIS 1+) will be replaced by the second generation Schengen Information System (SIS II). Council Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA of 24 October 2008, referred to below as “the migration instruments”, set out the responsibilities of both the Commission and the Member States that are participating in SIS 1+ during the preparations up until entry into operation of the new system (including further development, testing and transfer of data from SIS 1+ to SIS II). Due to the cross-pillar structure that existed in the field of justice, freedom and security prior to the entry into force of the Lisbon Treaty, where community policies and police and judicial cooperation coexisted, two migration instruments were adopted: a regulation (Community law, former 1st pillar) and a decision (Union law, former 3rd pillar).

The SIS 1+ and SIS II are composed of a central system, C.SIS and Central SIS II respectively, of national systems (N.SIS and N.SIS II respectively) and of a communication infrastructure that links the central and national systems.

The tasks laid down in the migration instruments relate in particular to the:

  • further development (including via an alternative technical scenario if necessary) and maintenance of SIS II;
  • comprehensive test of SIS II;
  • test between the SIRENE Bureaux for the exchange of supplementary information;
  • development and testing of the converter that will allow for communication between the central systems of SIS 1+ and SIS II;
  • creation and testing of a provisional architecture for the migration;
  • migration in the strict sense from SIS 1+ to SIS II, i.e. transferring operations from SIS 1+ to SIS II.

The Commission is responsible for developing the Central SIS II, its communication infrastructure and the converter. Meanwhile, as stipulated in the Schengen Convention, France remains responsible for the C.SIS. In addition, the relevant Member States are responsible for the N.SIS and the communication infrastructure for SIS 1+, as well as for the development of the N.SIS II.

The Commission and the relevant Member States are to implement the comprehensive test of SIS II, following the tests referred to in Regulation (EC) No 189/2008 and Decision 2008/173/JHA. The Member States that are participating in SIS 1+ are also responsible for implementing the SIRENE test on the exchange of supplementary information. Those Member States that are not participating in SIS 1+ may also take part in these tests; however, their results will not be taken into consideration in the general validations. The analyses of the tests are carried out by the relevant Member States and the Commission.

The creation and testing of the provisional architecture for the SIS migration are to be carried out by the Commission, along with France and the other relevant Member States. The Central SIS II and C.SIS will be connected with the converter for a transitional period within the interim architecture. The Central SIS II, its communication infrastructure and the converter are the responsibility of the Commission, while the communication test between the converter and the C.SIS is the responsibility of France. Both the Commission and France are to carry out the communication test and connect the Central SIS II and the C.SIS with the converter.

The migration from SIS 1+ to SIS II is to be implemented by the Commission and the Member States that are participating in SIS 1+, based on a mutually established schedule. The switchover will be executed once the comprehensive test of SIS II has been validated.

In order to verify that searches and data processing in SIS II are lawful and that the Central SIS II and the national systems function properly, as well as to guarantee data integrity and security, there will be an obligation to record all accesses to and exchanges of personal data within the Central SIS II. The data will have to be kept for a minimum of one year and a maximum of three years after having been recorded.

The costs relating to migration, the comprehensive test, the test on supplementary information, maintenance and development measures at Central SIS II level or concerning the communication infrastructure are to be covered by the general budget of the European Union. Each Member State concerned will be in charge of costs relating to the migration, testing, maintenance and development of its national system. The costs related to activities at SIS 1+ level (including the supplementary activities of France on behalf of the Member States participating in SIS 1+) shall be borne in accordance with the provision of Article 119 of the Schengen Convention.

A Global Programme Management Board is established as an advisory body to provide assistance to the central SIS II project and facilitate consistency between it and the national SIS II projects. It is composed of a maximum of ten technical experts, of which a maximum of eight may be appointed from Member States and a maximum of two from the Commission. Regular board meetings are organised where other experts from Member States may also participate. The board provides regular written progress reports on the central SIS II project.

Migration must now be completed by 31 March 2013 or, if an alternative technical scenario will be used, by 31 December 2013.

REFERENCES

ActsEntry into forceDeadline for transposition in the Member StatesOfficial Journal
Regulation (EC) No 1104/2008

11.11.2008

-

OJ L 299 of 8.11.2008

Decision 2008/839/JHA

11.11.2008

-

OJ L 299 of 8.11.2008

Act(s) amending Regulation (EC) No 1104/2008Entry into forceDeadline for transposition in the Member StatesOfficial Journal
Regulation (EU) No 541/2010

25.6.2010

-

OJ L 155 of 22.6.2010

Act(s) amending Decision 2008/839/JHAEntry into forceDeadline for transposition in the Member StatesOfficial Journal
Regulation (EU) No 542/2010

25.6.2010

-

OJ L 155 of 22.6.2010

RELATED ACTS

Report from the Commission to the European Parliament and the Council of 6 May 2010 on the development of the second generation Schengen Information System, (SIS II) – Progress Report July 2009 – December 2009 [COM(2010) 221 final – Not published in the Official Journal].

Report from the Commission to the Council and the European Parliament of 22 October 2009 on the development of the second generation Schengen Information System (SIS II) – Progress Report January 2009 – June 2009 [COM(2009) 555 final – Not published in the Official Journal].

Last updated: 13.07.2010

See also

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