Van Schengen I naar Schengen II (en)
What is the SIS?
The SIS is a common information system allowing cooperation between competent authorities in the Member States, through the exchange of information for the implementation of various policies, in order to establish an area without internal border controls. These authorities, through an automatic query procedure, obtain information related to alerts on persons and objects, which is used, in particular, for police and judicial cooperation in criminal matters, as well as for the control of persons at the external borders or on national territories and for the issuance of visas and residence permits. The Central Part of the SIS (C.SIS), which ensures that all participating Member States have the same information available to them, is currently managed by France and located in Strasbourg on behalf of the other Member States.
The SIS has been operational since March 1995 and now includes 13 EU Member States plus Norway and Iceland. UK and Ireland do not yet participate in the SIS but will do so in the future. However, the involvement of these countries will be limited to the exchange of information supporting police and judicial cooperation in criminal matters. The integration of the new Member States in the SIS relies on the availability of the SIS II.
Why a SIS II and why these proposals?
The development of a second generation of SIS (SIS II) is indispensable so that the new Member States can connect to the system and the Schengen area without internal border control can be extended, after a positive Schengen evaluation, to the territory of theses Member States. At the same time the SIS II will bring about more security, will allow for a more efficient use, more functionalities and will benefit from the last technological developments. It will be a robust and flexible tool, able to cope with changing requirements.
The SIS II needs an appropriate legal framework describing in detail its operation and use. Given the different policy areas involved, the Commission had to table three legal proposals: two EC Regulations and one third pillar EU Decision (see also legal context).
What is the concrete added value that the SIS II and, therefore, these proposals provide?
The overall objective is to allow the new Member States to be linked to the SIS, to increase the efficiency of the system and thus to provide more security for the EU citizen.
The most significant changes compared to the current SIS are the following:
- More harmonization regarding the conditions for issuing alerts on third country nationals for the purpose of refusing entry into the Schengen area;
- Central storage of European Arrest Warrant and extradition information;
- Better identification of concerned individuals by the storage of biometric data (fingerprints and photographs), where available, and data related to individuals whose identity has been misused;
- Possibility of linking alerts;
- Reinforcement of individual rights vis-à-vis the system (data protection rules);
- Reporting obligations have been incorporated in order to increase the transparency of the overall functioning of the system;
Management of the SIS II and synergies with other large-scale IT systems
The Commission should be entrusted with this task, in order to ensure the smooth transition from the development phase to the launching of operations. In the long term, the Commission will examine a number of externalization options, taking into account the management of other large-scale IT systems (VIS, EURODAC).
The SIS II and the VIS are being developed on a common technical platform. However, in accordance with Council Conclusions of 19 February 2004, it is proposed that they remain "two different systems with strictly separated data and access". As indicated in the Hague Program, in 2006, the Commission will issue a Communication on interoperability and increased synergies between EU information Systems (SIS, VIS and EURODAC).
Road to SIS II
In 1998, a preliminary study was launched to assess possible developments of the system and to examine different options and various improvements, which the SIS could embrace. Meanwhile an updated version of the SIS was developed (SIS I+) when the Nordic Countries joined Schengen which included the possibility of linking two or three additional countries to the system. The upgrade was also meant to improve the performance of the C.SIS and make it easier to manage and maintain.
The Council, in its Decision and Regulation of 6 December 2001, gave a mandate to the Commission to develop the SIS II and which - contrary to the current one - will be funded by the EU budget. The Commission launched the technical implementation in October 2004 by signing a contract with a global budget of up to 40 million Euros for the development of the SIS II and the VIS (Visa Information system), which share the same technical platform. The target date for the delivery of the SIS II is March 2007.
In parallel to the technical implementation, discussions on new requirements of the SIS have been on agenda of the Council which adopted in 2003 and 2004 Conclusions on the functionalities of SIS II. The Parliament also expressed its views on the SIS II end 2003.
Legal Context
The proposals tabled today are a development of the Schengen acquis[1] which was integrated into the EU framework on 1 May 1999 by a protocol annexed to the Amsterdam Treaty. Following earlier legislative texts in the area of the SIS, the Commission prepared a proposal founded on Title IV EC Treaty (visas, asylum immigration and other policies related to the free movement of persons) and another one based on Title VI EU Treaty (police and judicial cooperation in criminal matters) due to the cross-pillar nature of the SIS. A third proposal, complementing the two other proposals, based on Title V (Transport), aims at providing vehicle registration authorities access to the SIS II. Despite having three texts following different procedures (co-decision and consultation to the European Parliament) they form an inseparable package as the SIS II is one single information system and operates as such.
The three proposals are mainly based on the content of Articles 92 - 119 of the Convention Implementing the Schengen Agreement as amended by the recently adopted Council Regulation (EC) No 871/2004 and Council Decision 2005/211 /JHA on the introduction of new functions for the Schengen Information System including the fight against terrorism (the so-called "Spanish initiatives").
Other texts that were also used for the preparation of the legal instruments are the Proposal for a Regulation concerning the Visa Information System (VIS) and the exchange of data between Member States on short stay visas (currently discussed) and the Regulation (EC) No 2725/2000 concerning the establishment of Eurodac for the comparison of fingerprints for the effective application of the Dublin Convention.
Content of the proposals
While the SIS will become much more efficient, the proposals do not introduce radical changes to the very concept and essence of the SIS but merely develops on the basic framework.
The categories of alerts (type of records entered in the system) remain almost unmodified with regard to the current SIS:
- alerts on persons who should be refused entry to the Schengen area;
- alerts on persons wanted for arrest (in view of surrender or extradition);
- alerts on persons to ensure protection or prevent threats;
- alerts on persons wanted for judicial procedure;
- alerts on persons and objects for discreet surveillance or specific checks;
- alerts on objects for seizure or use as evidence in criminal proceedings.
The tabled proposals do not rule on all technical aspects of the SIS II in detail given the complex technical nature of some issues and the need for regular updating and, therefore, provide for a delegation to the Commission to establish implementing measures after consulting a Committee representing the Member States' point of view ("comitology").
[1] The Convention implementing the Schengen Agreements and further provisions, mainly Decisions of the Executive Committee, implementing this Convention (and subsequent EU instruments adopted after the integration of the Schengen acquis into the framework of the European Union).