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

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1.

Current status

The regulation was in effect from Novemberá11,á2008 until Decemberá29,á2012.

2.

Key information

official title

Council Regulation (EC) Noá1104/2008 of 24áOctober 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)
 
Legal instrument Regulation
Number legal act Regulation 2008/1104
Original proposal COM(2008)197 EN
CELEX numberái 32008R1104

3.

Key dates

Document 24-10-2008
Publication in Official Journal 08-11-2008; OJ L 299 p. 1-8
Effect 11-11-2008; Entry into force Date pub. +3 See Art 19
End of validity 29-12-2012; Repealed by 32012R1273

4.

Legislative text

8.11.2008   

EN

Official Journal of the European Union

L 299/1

 

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)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 66 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

 

(1)

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 the French Republic on the gradual abolition of checks at their common borders (2) (the Schengen Convention), and the further development, thereof, SIS 1+, constitute essential tools for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union.

 

(2)

The development of the second generation Schengen Information System (SIS II) was entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 (3) and Decision 2001/886/JHA (4). Those instruments expire on 31 December 2008. This Regulation should therefore supplement them until a date to be fixed by the Council acting in accordance with 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) (5).

 

(3)

SIS II was established by Regulation (EC) No 1987/2006 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) (6). This Regulation should be without prejudice to the provisions of those acts.

 

(4)

Certain tests of SIS II are provided for in Council Regulation (EC) No 189/2008 (7) and in Decision 2008/173/EC (8).

 

(5)

The development of SIS II should be continued and should be finalised in the framework of the SIS II global schedule endorsed by the Council on 6 June 2008.

 

(6)

A comprehensive test of SIS II should be conducted in full cooperation between the Member States and the Commission, in accordance with the provisions of this Regulation. As soon as possible after its completion, the test should be validated as provided for by Regulation (EC) No 1987/2006 and Decision 2007/533/JHA.

 

(7)

Member States should perform a test on the exchange of supplementary information.

 

(8)

As regards SIS 1+, the Schengen Convention provides for a technical support function (C.SIS). As regards SIS II, Regulation (EC) No 1987/2006 and Decision 2007/533/JHA provide for a Central SIS II composed of a technical support function and a uniform national interface (NI-SIS). The technical support function of Central SIS II should be located in Strasbourg (France) and a backup in St Johann im Pongau (Austria).

 

(9)

In order to better manage the potential difficulties brought about by the migration from SIS 1+ to SIS II, an interim migration architecture for the Schengen Information System should be established and tested. The interim migration architecture should have no impact on the operational availability of SIS 1+. A converter should be provided by the Commission.

 

(10)

The Member State issuing an alert should be responsible for ensuring that the data entered into the Schengen Information System is accurate, up to date and lawful.

 

(11)

The Commission should remain responsible for Central SIS II and its communication infrastructure. This responsibility includes the maintenance...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

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