PURPOSE: i) to extend the deadline for the completion of SIS II to 31 December 2008; ii) to grant funding to France and Austria for hosting the central and back-up unit of SIS II during the development phase; and iii) to confer responsibility for preparing the technical integration of the new Member States of SIS II to the Commission.

PROPOSED ACT: Council Decision 2006/1007/JHA amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II)

BACKGROUND: the development of a second generation Schengen Information System (SIS II) was approved in 2001 through Council Regulation (EC) No 2424/2001; the legal basis for funding SIS II being Council Decision 2001/886/JHA. Both the Regulation and the Decision expired on 31 December 2006 – this in spite of the fact that SIS II will take longer to complete than initially foreseen. A financial appropriation beyond 31 December 2006 is therefore required.

CONTENT: the purpose of this Decision is to extend the period of validity of Council Decision 2001/886/JHA until 31 December 2008 thereby allowing the Commission to implement the budget after 2006 and to complete the development of SIS II, most notably its communication infrastructure.

At the same time two additional developments have been included in the amending Decision. Firstly, the Decision specifies that the central unit of SIS II will be located in Strasbourg (France) and the back-up unit in Sankt Johann im Pongau (Austria) during the development of the system. France and Austria will provide the appropriate infrastructure and means to host the central unit and back-up central unit. The national authorities, accordingly, may receive a Community grant for the preparation and maintenance of the site or for providing other services needed to host SIS II during its development. Secondly, the Decision confers on the Commission responsibility for preparing the technical integration of the new Member States (who acceded in 2004) to SIS II.

The United Kingdom and Ireland will be taking part in this Decision.

ENTRY INTO FORCE: 31/12/2006 (and 03/02/2007 according to the corrigendum).

The European Parliament adopted a resolution drafted by Carlos COELHO (EPP-ED, PT) and approved the proposed decision amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II).

The committee adopted the report by Carlos COELHO (EPP-ED, PT) approving unamended - under the consultation procedure - the proposed decision amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II).

PURPOSE : to amend Decision 2001/886/JHA in order to extend the deadline for the development of the Schengen Information System (SIS II) until 31 December 2007 and to allow for the allocation of the necessary budget.

PROPOSED ACT : Council Decision.

CONTENT : together with Regulation 2424/2001/EC of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (refer to CNS/2006/0125), Decision 2001/886/JHA constitutes the required legislative basis to allow for the inclusion in the budget of the Union of the necessary financial appropriations for the development of SIS II and the execution of that part of the budget. Decision 2001/886/JHA and Regulation 2424/2001/EC both expire on 31 December 2006.

The development of the SIS II will take longer than initially foreseen requiring the availability of financial appropriations beyond 31 December 2006. Therefore, it is necessary to extend the period of validity of Decision 2001/886/JHA so that the Commission can implement the budget in 2007 in order to complete the project for the development of the SIS II including the establishment of the communication infrastructure.

Several factors explain the need to extend by one year the initial mandate given by the Council to the Commission, such as, a temporary suspension of works following an injunction ordered by the Court of First Instance (T-447/04), which was subsequently removed, on the public procurement procedure for the development of SIS II; the STesta communications infrastructure funded under the IDABC programme, which will not be operational as planned during the initial testing phase; the lack of preparedness and uncertainty regarding the sites for the development, and the complexity of the project itself also had a negative impact on the planning.

Furthermore, without prejudice to the Commission's responsibility for the development of the SIS II, the central unit of the SIS II shall be located in Strasbourg (France) and the back-up central unit in Sankt Johann in Pongau (Austria) during the development of the system. France and Austria shall provide the appropriate infrastructure and means to host the central unit and the back-up central unit of SIS II respectively during the development of the system. The national authority providing for the infrastructure and means may receive a Community grant for the preparation and maintenance of the site or for providing other services necessary for hosting the SIS II during its development.

Lastly, the extension of the mandate and the completion of the SIS II development in 2007 will require some additional financial resources that are already foreseen in the Preliminary Draft Budget 2007.

For further information concerning the financial implications of this measure, please refer to the financial statement.

PURPOSE : to amend Decision 2001/886/JHA in order to extend the deadline for the development of the Schengen Information System (SIS II) until 31 December 2007 and to allow for the allocation of the necessary budget.

PROPOSED ACT : Council Decision.

CONTENT : together with Regulation 2424/2001/EC of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (refer to CNS/2006/0125), Decision 2001/886/JHA constitutes the required legislative basis to allow for the inclusion in the budget of the Union of the necessary financial appropriations for the development of SIS II and the execution of that part of the budget. Decision 2001/886/JHA and Regulation 2424/2001/EC both expire on 31 December 2006.

The development of the SIS II will take longer than initially foreseen requiring the availability of financial appropriations beyond 31 December 2006. Therefore, it is necessary to extend the period of validity of Decision 2001/886/JHA so that the Commission can implement the budget in 2007 in order to complete the project for the development of the SIS II including the establishment of the communication infrastructure.

Several factors explain the need to extend by one year the initial mandate given by the Council to the Commission, such as, a temporary suspension of works following an injunction ordered by the Court of First Instance (T-447/04), which was subsequently removed, on the public procurement procedure for the development of SIS II; the STesta communications infrastructure funded under the IDABC programme, which will not be operational as planned during the initial testing phase; the lack of preparedness and uncertainty regarding the sites for the development, and the complexity of the project itself also had a negative impact on the planning.

Furthermore, without prejudice to the Commission's responsibility for the development of the SIS II, the central unit of the SIS II shall be located in Strasbourg (France) and the back-up central unit in Sankt Johann in Pongau (Austria) during the development of the system. France and Austria shall provide the appropriate infrastructure and means to host the central unit and the back-up central unit of SIS II respectively during the development of the system. The national authority providing for the infrastructure and means may receive a Community grant for the preparation and maintenance of the site or for providing other services necessary for hosting the SIS II during its development.

Lastly, the extension of the mandate and the completion of the SIS II development in 2007 will require some additional financial resources that are already foreseen in the Preliminary Draft Budget 2007.

For further information concerning the financial implications of this measure, please refer to the financial statement.