Border-free travel – new EU control system (SIS II)

 

SUMMARY OF:

Council Regulation (EU) No 1273/2012 - migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)

WHAT IS THE AIM OF THE REGULATION?

KEY POINTS

The 2 previous legislative acts — part of the text of which had become obsolete and could not be amended in their previous form — are merged into a single legal instrument, in accordance with the Lisbon Treaty.

In addition to the recast of the 2 previous acts, the regulation integrates changes in form as well as content in order to take into account the complex migration process that is under way.

What is new about SIS II?

Testing of SIS II

Switchover to the new system

Monitoring phase to test the system

Financing and costs arising from migration

Territorial provisions

For reasons of legal clarity, due to the fact that these 2 EU countries do not take part in the Schengen acquis* of which this regulation constitutes a development, a separate and parallel regulation has been adopted, applicable only in Ireland and the United Kingdom .

FROM WHEN DOES THE REGULATION APPLY?

The regulation applies since 30 December 2012. It expires upon the termination of the migration as set out in the regulation.

BACKGROUND

The Schengen Information System (SIS) was initially set up to apply the Convention implementing the Schengen Agreement of 14 June 1985 between the governments of the countries of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.

The SIS further developed as SIS 1+ as the Schengen acquis was integrated into the framework of the European Union following the Treaty of Amsterdam. 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.

With rapid technological development and the geographical extension of the SIS, a second generation SIS (‘SIS II’) became necessary. SIS II was established by Regulation (EC) No 1987/2006 and by Decision 2007/533/JHA.

All EU countries taking part in the SIS II successfully finished the test phase in 2013. This allowed 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.

For further information:

KEY TERMS

Acquis: the body of common rights and obligations that are binding on all EU countries, as EU members.

MAIN DOCUMENT

Council Regulation (EU) No 1273/2012 of 20 December 2012 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (recast) (OJ L 359, 29.12.2012, pp. 32-44)

RELATED DOCUMENTS

Regulation (EC) No 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 (OJ L 381, 28.12.2006, pp. 1-3)

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) (OJ L 381, 28.12.2006, pp. 4-23)

Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 205, 7.8.2007, pp. 63-84)

Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, pp. 1-17)

last update 17.10.2017