2010/0006(NLE)

Schengen: migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (amend. Decision 2008/839/JHA)

Procedure completed

2010/0006(NLE) Schengen: migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (amend. Decision 2008/839/JHA)
RoleCommitteeRapporteurShadows
Opinion BUDG ALVARO Alexander (ALDE)
Lead LIBE COELHO Carlos (EPP)
Lead committee dossier: LIBE/7/02186
Legal Basis TFEU TFEU 074
Subjects
Links

Activites

  • 2010/09/21 Follow-up document
    • SEC(2010)1138 summary
    • DG Justice, MALMSTRÖM Cecilia
  • 2010/06/22 Final act published in Official Journal
  • 2010/06/03 Act adopted by Council after consultation of Parliament
  • #3018
  • 2010/06/03 Council Meeting
  • 2010/06/03 End of procedure in Parliament
  • 2010/05/18 Text adopted by Parliament, 1st reading/single reading
    • T7-0162/2010 summary
    • Results of vote in Parliament
  • 2010/05/18 Commission response to text adopted in plenary
  • 2010/04/29 Committee report tabled for plenary, 1st reading/single reading
  • 2010/04/27 Vote in committee, 1st reading/single reading
  • 2010/03/15 Deadline Amendments
  • 2010/02/25 Committee referral announced in Parliament, 1st reading/single reading
  • 2010/02/22 EP officialisation
  • 2010/02/16 Committee draft report
  • 2010/01/29 Legislative proposal
    • COM(2010)0015 summary
    • DG Justice, MALMSTRÖM Cecilia

Documents

AmendmentsDossier
19 2010/0006(NLE) Schengen: migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (amend. Decision 2008/839/JHA)
2010/02/16 LIBE, LIBE 11 amendments...
source: PE-439.091
2010/03/18 LIBE 8 amendments...
source: PE-439.896

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
  • date
    2010-01-29
    docs
    • url
      http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2010&nu_doc=0015
      text
      • PURPOSE: to amend Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) in order to postpone its expiry date.

        PROPOSED ACT: Council Regulation.

        BACKGROUND: the Schengen Information System (SIS) was established in 1985 between the governments of the States of the Benelux Economic Union, Germany and France on the gradual abolition of checks at their common borders, 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 on the development of the second generation Schengen Information System (SIS II). SIS II will replace SIS 1+ which has become obsolete and no longer responds to the needs of the enlarged European Union.

        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 on the establishment, operation and use of the second generation Schengen Information System (SIS II) and Council Decision 2007/533/JHA 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.

        However, the time-frame of the current migration instruments (Council Decision 2008/839/JHA and Council Regulation No 1104/2008), 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. For legal reasons, this proposal only amends the decision.

        CONTENT: the objective of the present proposal is to prevent expiry of Council Decision 2008/839/JHA before migration, as well as to:

        ·        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;

        ·        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. 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. The GPMB shall be composed of maximum of 10 experts. The administrative costs and travel expenses arising from the activities of the GPMB shall be borne by the general budget of the European Union. Transparency of the SIS II development process for the European Parliament is maintained through the existing reporting obligation.

        Legal elements of the proposal: it should be noted that this proposal is being submitted as a Regulation under the appropriate legal basis of the Treaty on the Functioning of the European Union which has recently entered into force.  The proposal is complemented by a proposed parallel Regulation on the same issue (see NLE/2009/0136).

        Territorial application: due to reasons of a legal nature laid down in the Treaty, the United Kingdom and Ireland will only be associated for part of the implementation and the application of the present text (application of the "variable geometry" system). It also applies to Denmark, however it may decide, within a period of six months after the adoption of this Regulation, whether it will implement it in its national law. Lastly, Norway, Iceland, Switzerland and Liechtenstein will be associated with the implementation of this text in accordance with the bilateral agreements concluded with the EU on the Schengen acquis.

        IMPACT ASSESSMENT: non applicable.

        BUDGETARY IMPLICATIONS: 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 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 Commission has prepared a financial statement annexed to this proposal which provides a budget of EUR 12.850 million in operational expenditure until 2012 (only costs caused by prolongation of the development and migration phase beyond 30 June 2010, will be taken into account. This excludes costs to be committed until 30 June 2010).

      celexid
      CELEX:52010PC0015:EN
      type
      Legislative proposal published
      title
      COM(2010)0015
    body
    EC
    commission
    • DG
      Justice
      Commissioner
      MALMSTRÖM Cecilia
    type
    Legislative proposal
  • date
    2010-02-16
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE439.091
      type
      Committee draft report
      title
      PE439.091
    body
    EP
    type
    Committee draft report
  • body
    EP
    date
    2010-02-22
    type
    EP officialisation
  • date
    2010-02-25
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • body
    EP
    date
    2010-03-15
    type
    Deadline Amendments
  • date
    2010-04-27
    text
    • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Carlos COELHO (EPP, PT) amending the proposal for a Council regulation amending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II).

      The main amendments were as follows:

      Towards a technical solution in the case of a failure of the SIS II: it is necessary to adapt the legal framework to allow for migration to a possible alternative technical solution if tests show that SIS II cannot be implemented successfully. Members propose that in the event of a failure of the current SIS II project, after testing, an alternative technical solution should be devised and its full financial implications should be disclosed to all parties concerned. This solution should be based on the best available technology and should be cost-effective and implemented in accordance with a precise and reasonable timetable. The Commission should present a thorough budgetary assessment of the costs associated with such an alternative technical solution in a timely fashion. It should be explicitly stated that the legal framework established by Decision 2007/533/JHA applies to every solution, regardless of its technical nature.

      Similarly, if the current SIS II project is discontinued and an alternative technical solution is implemented, references to SIS II in this Decision shall be read as references to that alternative technical solution.

      Maintaining the sunset clause: the current legislation sets the date for the completion of the migration at 30 September 2009, with the possibility for extension, through comitology, until 30 June 2010 at the latest. The Commission did use this and extended the date until 30 June 2010. On the contrary, Members consider that the sunset clause should be kept. The new date should be in line with the current forecasts that SIS II will become operational by the end of 2011. The Commission should be granted some flexibility again to extend the date through comitology, in order to cover the possible need to switch from SIS II to an alternative scenario in case the tests fail. It should also be noted that this Regulation shall expire no later than on 31 December 2013.

      Full association of the European Parliament as co-legislator: as the European Parliament is responsible as a co-legislator for the establishment, operation and use of SIS II as laid down in Regulation (EC) No 1987/2006, and as the migration is financed from the Union budget, for which the European Parliament is also co-responsible, the European Parliament should be integrated in the decision making process concerning migration. A favourable opinion from the European Parliament, on the basis of information provided by the Commission on the test results, should be required before the switchover to a new Schengen Information System.

      Moreover, Members state that the European Parliament, as co-legislator for the establishment of the second generation Schengen Information System (SIS II) (Regulation (EC) No 1987/2006) and budgetary authority, reserves its right to hold in reserve the funds to be allocated for the development of the SIS II in the 2011 annual budget, in order to ensure full parliamentary scrutiny and oversight of the process.

      Global Programme Management Board (GPMB): the GPMB shall be composed of a maximum of 10 members who shall be qualified contribute actively to the development of the SIS II and who shall meet on a regular basis. Members stipulate that interested Members or relevant staff of the European Parliament, experts from Member States and Commission officials directly involved in the development of the SIS II projects may attend GPMB meetings at the expense of their respective administration or institution. The GPMB may invite other experts to participate in GPMB meetings as defined in the terms of reference at the expense of their respective administration, institution or company. The necessary appropriations to cover the cost arising from the meetings of the GPMB shall come from the appropriations currently provided for in the Financial Programming 2010-2013 for the second generation Schengen Information System (SIS II).

      The mandate of the GPMB should be more clearly defined, in order to enable it to contribute actively to the management of the development of the second-generation SIS and the migration process. The GPMB shall provide a forum for assistance to the development of Central SIS II. It should facilitate consistency and provide for coordination of the central and national SIS II projects. The terms of reference of the GPMB shall include a requirement to publish regular reports and to make those reports available to the European Parliament in order to ensure full parliamentary scrutiny and oversight.

    body
    EP
    committees
    type
    Vote in committee, 1st reading/single reading
  • date
    2010-04-29
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-0127&language=EN
      type
      Committee report tabled for plenary, 1st reading/single reading
      title
      A7-0127/2010
    body
    EP
    committees
    type
    Committee report tabled for plenary, 1st reading/single reading
  • date
    2010-05-18
    docs
    body
    EP
    type
    Text adopted by Parliament, 1st reading/single reading
  • date
    2010-05-18
    docs
    • url
      http://www.europarl.europa.eu/oeil/spdoc.do?i=18315&j=0&l=en
      type
      Commission response to text adopted in plenary
      title
      SP(2010)3805
    body
    EC
    commission
    • DG
      Justice
      Commissioner
      MALMSTRÖM Cecilia
    type
    Commission response to text adopted in plenary
  • date
    2010-06-03
    body
    type
    Act adopted by Council after consultation of Parliament
  • date
    2010-06-03
    body
    CSL
    type
    Council Meeting
    council
    Justice and Home Affairs (JHA)
    meeting_id
    3018
  • date
    2010-06-03
    body
    EP
    type
    End of procedure in Parliament
  • date
    2010-06-22
    text
    • PURPOSE: to amend Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) in order to provide a new expiry date.

      LEGISLATIVE ACT: Council Regulation (EU) No 542/2010 amending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II).

      BACKGROUND: the Schengen Information System (SIS) was established in 1985 between the governments of the States of the Benelux Economic Union, 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 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 and Council Decision 2007/533/JHA. 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 (Council Decision 2008/839/JHA and Council Regulation (EC) No 1104/2008), and in particular their date of expiry which is currently set to be 30 June 2010 at the latest, appears no longer realistic. This Regulation therefore aims to amend the expiry date of Decision 839/2008/JHA and to provide an alternative technical solution if migration fails.

      CONTENT: Decision 2008/839/JHA is amended as follows

      Extending the expiry date of Decision 2008/839/JHA: the Regulation extends until 31 March 2013 the preconditions for migration from SIS 1 to SIS II.

      Global Programme Management Board: the Regulation establishes a group of technical experts, called the Global Programme Management Board. The Board shall be an advisory body for assistance to the central SIS II project and shall facilitate consistency between central and national SIS II projects. The Board shall have no decision-making power nor any mandate to represent the Commission or Member States. It shall be composed of a maximum of 10 members, meeting on a regular basis. A maximum of 8 experts and an equal number of alternates shall be designated by the Member States acting within the Council. A maximum of two experts and two alternates shall be designated by the Director-General of the responsible Directorate-General of the Commission from among the Commission officials. The meetings of the Board may be attended by other Member States' experts and Commission officials directly involved in the development of the SIS II projects, at the expense of their respective administration or institution. The Board shall regularly submit written reports about the progress of the project. The administrative costs and travel expenses arising from the activities of the Board shall be borne by the general budget of the Union.

      Towards an alternative technical scenario in case migration fails: the Regulation states that a study has been conducted concerning the elaboration of an alternative technical scenario for developing SIS II based on SIS 1+ evolution (SIS 1+ RE) as the contingency plan, in case the tests demonstrate non-compliance with the milestone requirements. Based on these parameters, the Council may decide to invite the Commission to switch to the alternative technical scenario. SIS 1+ RE could be a possible technical solution to develop Central SIS II and to achieve the objectives of the SIS II laid down in Regulation (EC) No 1987/2006 and Decision 2007/533/JHA.

      As regards the financing of the development of the Central SIS II based on an alternative technical solution, it should be covered by the general budget of the Union.

      In case of a switchover to an alternative technical scenario, the date to be noted for the expiration of Decision 839/2008/JHA shall be 31 December 2013.

      Territorial application: Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. It may decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law. The United Kingdom and Ireland will participate. Lastly, Iceland, Norway, Switzerland and Liechtenstein will be associated in the implementation of this Regulation.

      ENTRY INTO FORCE: 25 June 2010.

    type
    Final act published in Official Journal
    docs
  • date
    2010-09-21
    docs
    • url
      http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/sec/2010/1138/COM_SEC(2010)1138_EN.pdf
      text
      • The Commission presents a Staff Working Document reporting on the global schedule and budget for the entry into operation of the second generation Schengen Information System (SIS II). It recalls that it presented to the Justice and Home Affairs (JHA) Council of 3-4 June 2010 a revised project schedule whereby SIS II could be expected to become operational by the first quarter of 2013. No information on the budgetary estimate was given at that time, as costs for the completion of the project were mainly dependent on contractual negotiations still to be launched during the summer. Both the global schedule and the budgetary estimate are to be confirmed at the forthcoming JHA Council of 7-8 October 2010. This report is also intended to provide information to the European Parliament, in its capacity of budgetary authority, a transparent and timely manner. It provides supporting information on the detailed global schedule and budgetary estimate, in particular the main assumptions and technical elements on which they were developed. It builds upon the intensive preparatory work carried out with Member States' experts and the subsequent negotiations with the main development contractor.

        The SIS II project has had a difficult evolution. The challenge for all stakeholders has been to adapt and respond to the significant increase in the number of users (following EU enlargement), the intensity of use of the existing SIS by Member States authorities, as well as the need to reach a common understanding on the definitive operational requirements of the system. The original specifications anticipated the management of 15 million records, increasing over time to 22 million. However, due to the expansion in the number of Member States using the SIS and the intensive use of the system by the competent authorities, by January 2010 the existing system had arrived at over 31 million alerts. On this basis, experts agreed that the estimated size of SIS II at go-live was likely to be 52 million alerts.

        Accordingly, it was agreed that the system capacity at entry-into-operation should be increased to 70 million alerts and that SIS II should be tested with a view to ensuring a scalability up to 100 million alerts without the need for technical change. The scale of the system's volumetric growth would thus exceed the capacity and the scalability obligations as laid down in the initial contract. This deviation from the original specifications has a significant impact on the hardware, requiring its adaptation and installation on several additional technical environments (dedicated hardware configurations for different development and testing needs).

        Thanks to a collaborative approach with Member States and transparent information exchange with the European Parliament, and on the basis of commonly agreed definitive requirements, the Commission is now in a position to confirm the global schedule and present the budgetary plan for the entire project. Accordingly, SIS II will enter into operation in early 2013. The further development of the system and the increase of its capacity require an additional allocation of EUR 12.98 million, compared to the estimate presented to the Council and Parliament in June 2009 and April 2010. This amount is within the overall budgetary envelope for SIS II agreed by Council and the European Parliament for the period 2007-2013.

      type
      Follow-up document
      title
      SEC(2010)1138
    body
    EC
    commission
    • DG
      Justice
      Commissioner
      MALMSTRÖM Cecilia
    type
    Follow-up document
committees added
  • body
    EP
    responsible
    False
    committee
    BUDG
    date
    2010-02-10
    committee_full
    Budgets
    rapporteur
    • group
      ALDE
      name
      ALVARO Alexander
  • body
    EP
    responsible
    True
    committee
    LIBE
    date
    2010-03-04
    committee_full
    Civil Liberties, Justice and Home Affairs
    rapporteur
    • group
      EPP
      name
      COELHO Carlos
links added
National parliaments
European Commission
other added
  • body
    EC
    dg
    Justice
    commissioner
    MALMSTRÖM Cecilia
procedure added
dossier_of_the_committee
LIBE/7/02186
reference
2010/0006(NLE)
subtype
Consultation of Parliament
legal_basis
  • Treaty on the Functioning of the EU TFEU 074
stage_reached
Procedure completed
instrument
Regulation
title
Schengen: migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (amend. Decision 2008/839/JHA)
type
NLE - Non-legislative enactments
final
subject
  • 7.10.02 Schengen area

code AGPLv3.0+, data ODBLv1.0, site-content CC-By-Sa-3.0
© European Union, 2011 – Source: European Parliament