Legal provisions of COM(2009)508 - Amendment of Regulation (EC) No 1104/2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)

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dossier COM(2009)508 - Amendment of Regulation (EC) No 1104/2008 on migration from the Schengen Information System (SIS 1+) to the second ...
document COM(2009)508 EN
date June  3, 2010

Contents

Article 1

Regulation (EC) No 1104/2008 is hereby amended as follows:

1.the following paragraph is added to Article 1:

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

2.in Article 4 the introductory phrase is replaced by the following:

‘In order to ensure the migration from SIS 1+ to SIS II, the following components shall be made available to the extent necessary:’;

3.Article 10(3) is replaced by the following:

‘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.Article 11(2) is replaced by the following:

‘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.’;

5.the following Article is inserted:

‘Article 17a

Global Programme Management Board

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

2. The Board shall be composed of a maximum of 10 members, meeting on a regular basis. A maximum of 8 experts and an equal number of alternates shall be designated by the Member States 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 may invite other experts to participate in the Board’s meetings as defined in the terms of reference referred to in paragraph 5, at the expense of their respective administration, institution or company.

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

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

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

—alternative chairmanship between the Commission and the Presidency,

—meeting venues,

—preparation of meetings,

—admission of other experts,

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

The terms of reference shall take effect after a favourable opinion has been given by the Director-General of the responsible Directorate-General of the Commission and by Member States meeting within the framework of the Committee referred to in Article 17.

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

7. Without prejudice to Article 15(2), the administrative costs and travel expenses arising from the activities of the Board shall be borne by the general budget of the Union, to the extent that they are not reimbursed from other sources. As regards travel expenses of the members in the Board designated by the Member States acting within the Council and experts invited pursuant to paragraph 3 of this Article which arise in connection with the work of the Board, the Commission’s “Rules on the reimbursement of expenses incurred by people from outside the Commission invited to attend meetings in an expert capacity” shall apply.’;

6.in Article 19 the last sentence is replaced by the following:

‘It shall expire on a date to be fixed by the Council, acting in accordance with Article 55(2) of Regulation (EC) No 1987/2006, and in any case no later than on 31 March 2013 or on 31 December 2013 in case of a switchover to an alternative technical scenario as referred to in Article 1(3).’.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

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