Council Decision 2007/533/JHAShow full title

Article 15 U.K. Operational management

1. After a transitional period, a management authority (the Management Authority), funded by the general budget of the European Union, shall be responsible for the operational management of Central SIS II. The Management Authority shall ensure, in cooperation with the Member States, that at all times the best available technology, subject to a cost-benefit analysis, is used for Central SIS II.

[F1 2. The Management Authority shall also be responsible for all tasks relating to the Communication Infrastructure, in particular:

(a)

supervision;

(b)

security;

(c)

the coordination of relations between the Member States and the provider;

(d)

tasks relating to implementation of the budget;

(e)

acquisition and renewal, and

(f)

contractual matters.]

[F2 3a. The Management Authority shall develop and maintain a mechanism and procedures for carrying out quality checks on the data in CS-SIS. It shall provide regular reports to the Member States in this regard.

The Management Authority shall provide a regular report to the Commission covering the issues encountered and the Member States concerned.

The Commission shall provide the European Parliament and the Council with a regular report on data quality issues that are encountered.]

4. During a transitional period before the Management Authority takes up its responsibilities, the Commission shall be responsible for the operational management of Central SIS II. The Commission may delegate that task and tasks relating to implementation of the budget in accordance with the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1), to national public-sector bodies, in two different countries.

5. Each national public sector body, as referred to in paragraph 4, must comply in particular with the following selection criteria:

(a) it must demonstrate that it has a lengthy experience in operating a large-scale information system with the functionalities referred to in Article 4(4);

(b) it must have considerable expertise in the service and security requirements of an information system with functionalities comparable to those referred to in Article 4(4);

(c) it must have sufficient and experienced staff with the appropriate professional expertise and linguistic skills to work in an international cooperation environment such as that required by SIS II;

(d) it must have a secure and custom-built facility infrastructure available, in particular, to backup and guarantee the continuous functioning of large-scale IT systems; and

(e) its administrative environment must allow it to implement its tasks properly and avoid any conflict of interests.

6. Prior to any such delegation as referred to in paragraph 4 and at regular intervals thereafter, the Commission shall inform the European Parliament and the Council of the terms of the delegation, its precise scope, and the bodies to which tasks are delegated.

7. Where the Commission delegates its responsibility during the transitional period pursuant to paragraph 4, it shall ensure that this delegation fully respects the limits set by the institutional system laid out in the EC Treaty. It shall ensure, in particular, that this delegation does not adversely affect any effective control mechanism under European Union law, whether of the Court of Justice, the Court of Auditors or the European Data Protection Supervisor.

[F3 8. The operational management of Central SIS II shall consist of all the tasks necessary to keep Central SIS II functioning 24 hours a day, 7 days a week in accordance with this Decision, in particular the maintenance work and technical developments necessary for the smooth running of the system. Those tasks shall also include the coordination, management and support of testing activities for Central SIS II and the N.SIS II that ensure that Central SIS II and the N.SIS II operate in accordance with the requirements for technical compliance set out in Article 9.]

Textual Amendments

F1 Substituted by Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011.

F2 Inserted by Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU.

F3 Substituted by Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU.

(1)

OJ L 248, 16.9.2002, p. 1.