Regulation 2008/1104 - Migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)

1.

Summary of Legislation

From the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)

In 2013, the second generation Schengen Information System (SIS II) replaced SIS 1+. SIS II is a large-scale information system in the area of freedom, security and justice. It contains alerts on certain categories of persons and objects and it is considered crucial to maintaining a high level of security within the area without internal border controls (the Schengen area).

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))

These legal acts (comprising amending acts) have now expired.

SUMMARY

Initially, the Schengen Information System (SIS) was established under the inter-governmental framework of the Schengen Convention. Following the Treaty of Amsterdam, it was integrated into the European Union framework. The system contained information on persons who may have been involved in serious crimes or who may not have the right to enter or stay in the EU. It also contained alerts on missing persons, in particular children, as well as information on vehicles, firearms, bank notes and identity documents that may have been stolen, misappropriated or lost.

However, rapid technological change and the geographical enlargement of the EU made it necessary to replace this first-generation system.

FROM SIS 1+ TO SIS II

An updated version of the SIS (SIS1+) was envisaged to allow the enlargement of the Schengen area to new EU countries. It also needed to be improved to replace the original system with a more up-to date system offering additional functionalities.

Among other issues, the SIS II allows the use of biometrics, new types of alerts and the possibility to link different alerts (such as an alert on a person and a vehicle).

The development of this state-of-the-art IT system as one of the largest of its kind worldwide required a longer time frame due to the changing legal, technical and political environment as well as rigorous testing phases to ensure a high level of performance and security.

MIGRATION FROM ONE SYSTEM TO ANOTHER

Technically, the migration steps from SIS 1+ to SIS II comprised:

  • the loading of data from SIS 1+ into SIS II via a converter;
  • the switch-over of the national applications from SIS 1+ to SIS II; and
  • a monitoring phase to ensure that the system was reliable during which both systems would coexist and remain synchronised via a converter.

Testing phase:

For the SIS II to become fully operational, a battery of tests was planned for a long preparatory phase prior to its activation. The most important test, the so-called comprehensive test, involved the testing of all the key SIS II components. The success of this test was both a technical and legal precondition for the entry into force of the SIS II.

All EU Member States taking part in the SIS II successfully finished this test phase in 2013. This allowed the first-generation system to switch over permanently to SIS II on 9 April 2013. On 9 May 2013, the European Agency for the operational management of large scale IT systems in the area of freedom, security and justice (eu-LISA) took over responsibility for the day-to-day running of the SIS II central system.

Further information can be found at:

REFERENCES

 

Acts

Entry into force

Deadline for transposition in the Member States

Official Journal

Regulation (EC) No 1104/2008

11.11.2008

-

OJ L 299 of 8.11.2008, pp. 1-8

Decision 2008/839/JHA

11.11.2008

-

OJ L 299 of 8.11.2008, pp. 43-49

 

Act(s) amending Regulation (EC) No 1104/2008

Entry into force

Deadline for transposition in the Member States

Official Journal

Regulation (EU) No 541/2010

25.6.2010

-

OJ L 155 of 22.6.2010, pp. 19-22

Regulation (EU) No 1273/2012

30.12.2012

-

OJ L 359 of 29.12.2012, pp. 32-44

 

Act(s) amending Decision 2008/839/JHA

Entry into force

Deadline for transposition in the Member States

Official Journal

Regulation (EU) No 542/2010

25.6.2010

-

OJ L 155 of 22.6.2010, pp. 23-26

Regulation (EU) No 1272/2012

30.12.2012

-

OJ L 359 of 29.12.2012, pp. 21-31

RELATED ACTS

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 (Official Journal L 381 of 28 December 2006).

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) (Official Journal L 381 of 28 December 2006).

Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (Official Journal L 205 of 7 August 2007).

Report from the Commission to the European Parliament and the Council: Last progress report on the development of the second generation Schengen Information System (SIS II) January 2013- May 2013 (COM(2013) 777 final of 2 December 2013 - not published in the Official Journal).

Last updated: 03.10.2014

This summary has been adopted from EUR-Lex.

2.

Legislative text

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)