(3)

The preconditions for migration will not be met by 30 June 2010. In order for SIS II to become operational as required by Regulation (EC) 1987/2006 and Decision 2007/533/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA should therefore continue to apply until migration has been completed.

(3)

The preconditions for migration will not be met by 30 June 2010. In order for SIS II to become operational as required by Regulation (EC) 1987/2006 and Decision 2007/533/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA should therefore continue to apply until migration has been completed. In the event of a failure of the current SIS II project, after testing, an alternative technical solution should be devised and its full financial implications should be disclosed to all parties concerned.

(4)

The Commission and the Member States should continue to cooperate closely during all steps of the migration in order to complete the process. A group of experts should be established to complement the current organisational structure.

(4)

The Commission and the Member States should continue to cooperate closely during all steps of the migration in order to complete the process. In the Council conclusions on SIS II of 26 to 27 February 2009 and 4 to 5 June 2009, an informal body consisting of experts of the Member States and designated as the ‘Global Programme Management Board’ was established to enhance cooperation and provide direct support from the Member States to Central SIS II . A group of experts, called the Global Programme Management Board (GPMB), should therefore be formally established under this Regulation to complement the current organisational structure. In order to ensure efficiency and cost-effectiveness, members of the GPMB should be appointed on a permanent basis and their number should be limited.

(6)

A technical contingency plan for attaining SIS II functionalities should be foreseen. The description of the technical components of the migration architecture therefore should be adapted to allow for another technical solution regarding the development of Central SIS II.

(6)

It is necessary to adapt the legal framework to allow for migration to a possible alternative technical solution if tests show that SIS II cannot be implemented successfully. The description of the technical components of the migration architecture should be adapted to allow for another technical solution regarding the development of Central SIS II. Any alternative technical solution should be based on the best available technology and should be cost-effective and implemented in accordance with a precise and reasonable timetable. The Commission should present a thorough budgetary assessment of the costs associated with such an alternative technical solution in a timely fashion. It should be explicitly stated that the legal framework established by Decision 2007/533/JHA applies to every solution, regardless of its technical nature.

(16a)

As the European Parliament is responsible, as a co-legislator, for the establishment, operation and use of SIS II as laid down in Regulation (EC) No 1987/2006, and as the migration is financed from the Union budget, for which the European Parliament is also co-responsible, the European Parliament should be integrated in the decision-making process concerning migration. A favourable opinion from the European Parliament, on the basis of information provided by the Commission on the test results, should be required before the switchover to a new Schengen Information System.

(-1)

Article 1(1) is replaced by the following:

‘1.   The Schengen Information System (SIS 1+), set up pursuant to the provisions of Title IV of the 1990 Schengen Convention, shall be replaced by a new system, the Schengen Information System II (SIS II) or any alternative technical solution which is based on the best available technology and is reasonable in terms of a clear timetable for its implementation and cost-effectiveness. The establishment, operation and use of the new system is regulated by Decision 2007/533/JHA.’

(-1a)

In Article 1, the following paragraph is inserted:

‘1a.     If the current SIS II project is discontinued and an alternative technical solution is implemented, references to SIS II in this Decision shall be read as references to that alternative technical solution.’

(3a)

Article 11(5) is replaced by the following:

‘5.    The switchover foreseen in the migration process shall be carried out after the validation mentioned in Article 8(7) and after the European Parliament has delivered a favourable opinion on the basis of the information on the test results provided by the Commission in accordance with Article 71(4) of Decision 2007/533/JHA.’

(3b)

In Article 11, the following paragraph is added:

‘5a.     The development of SIS II may be achieved by implementing an alternative technical solution.’

(3c)

In Article 14, the following paragraph is added:

‘5a.     The Commission shall develop and implement a package with additional measures in order to prevent the leakage of personal data information from the database and to ensure the protection of personal data for the entire duration of testing and migration from SIS I to the second generation Schengen Information System (SIS II).’