PURPOSE: to recast the Council Regulation on the
migration from the Schengen Information System (SIS I+) to the
second generation Schengen Information System (SIS II) and to
supplement the existing legal framework with additional flexibility
to avoid unnecessary costs relating to the migration
process.
PROPOSED ACT: Council Regulation.
BACKGROUND: on 30 April 2012, the Commission presented
a proposal for a Council Regulation on
migration from the Schengen Information System (SIS 1+) to the
second generation Schengen Information System (SIS II) (recast)
(please refer to the summary dated 30 April 2012).
This proposal was examined by the competent bodies
within the Council. Following their discussions, it emerged that
the initial proposal should be divided into two identical and
parallel texts in order to reflect the particular positions of
Ireland and the United Kingdom.
The other parallel proposal is the subject of a
separate procedure file 2012/0033A(NLE).
For further background information, please refer to
the summary dated 30 April 2012.
LEGAL BASIS: Article 74 of the Treaty on the
Functioning of the European Union (TFEU).
CONTENT: as was the case of the Commissions
initial proposal, this draft Council Regulation seeks to recast Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA in a legal act
in the form of a single regulation.
For the most part, the Councils new draft text
retains the Commissions proposals
concerning:
- the recasting of the text in a single legal act
subject to the same legal basis;
- the legal regimes for the migration from SIS I to SIS
II;
- the technical aspects of the switchover from one
system to the other;
- the creation of an interim migration architecture for
the operations permitting SIS 1+ to function in parallel during a
limited transitional migration period towards the SIS
II;
- the removal of the Regulations expiry date in
order to deal with any unexpected difficulties that the central
system or one or several national systems could face during the
migration process;
- the allocation of EUR 35.24 million in operational
appropriations to fund costs relating to the Member States
participation in the preparations for the migration, and in
particular in regard to the coordination of tests.
The main new aspects introduced by the Council
may be summarised as follows:
- switchover: for reasons
of legal certainty, the period of switchover should be kept as
short as possible, and should not exceed 12
hours;
- monitoring period: the
migration should be achieved following an intensive monitoring
period. This intensive monitoring period should be limited in time
and should not exceed 30 days from the date of the
switchover from one system to the other of the first Member
State;
- non-participation in this text of the UK and
Ireland: this draft regulation
revised by the Council and its raison dĂȘtre are
linked to new territorial provisions. It is stipulated that this
text will constitute a development of the provisions of the
Schengen acquis in which Ireland and the UK do not take
part. These two Member States shall therefore not be concerned by
this draft text;
- entry into force and application: this draft Regulation should enter into force as
rapidly as possible and should expire on the date when the
migration is completed. If that date is not respected due to
technical difficulties relating to the migration process, the
Regulation will expire on another date to be agreed by the
Council.