L 57/14 Official Journal of the European Union 1.3.2008 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COUNCIL COUNCIL DECISION of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II) (2008/173[EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, Having regard to Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (!), and in particular Article 4(c) and Article 6(6) thereof, Having regard to the proposal from the Commission, Whereas: (1)  The development of the second generation Schengen Information System (SIS II) has been entrusted to the Commission pursuant to Council Regulation (EC) No 2424[2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS 1) (3 and Decision 2001/886/JHA. The network requirements for SIS II development are established by Commission Decision 2007/170/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II (first pillar) () and by Commission Decision 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II (third pillar) (4). () O] L 328, 13.12.2001, p. 1. Decision as amended by Decision 2006/1007/JHA (O] L 411, 30.12.2006, p. 78), corrected by OJ L 27, 2.2.2007, p. 43. () OJ L 328, 13.12.2001, p. 4. Regulation as amended by Regulation (EC) No 1988/2006 (O] L 411, 30.12.2006, p. 1), corrected by OJ L 27, 2.2.2007, p. 3. () OJ L 79, 20.3.2007, p. 20. () O] L 79, 20.3.2007, p. 29. ) 3) The second generation Schengen Information System (SIS 1) was established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council (°) and by Council Decision 2007/533/JHA (°) on the establishment, operation and use of the second generation Schengen Information System. This Decision is without prejudice to those texts, including their final provisions. Those final provisions define the conditions that will allow the Council, acting by the unanimity of its Members representing the Governments of the Member States participating in SIS 1+, to fix the date of appli- cation of those texts. They provide, inter alia, that the Commission declares the successful completion of a comprehensive test of SIS 1II, as referred to in Article 55(3)(c) of Regulation (EC) No 1987/2006 and Article 71(3)(c) of Decision 2007/533[JHA, which shall be conducted by the Commission together with the Member States, and the preparatory bodies of the Council validate the proposed test result and confirm that the level of performance of SIS I is at least equivalent to that achieved with SIS 1+. It is understood that this Decision should be comple- mented by the adoption in the future of the appropriate legislation to regulate, in detail, the organisation and coordination of a SIS II comprehensive test, which should be executed in full cooperation between the Member States and the Commission. The CS-SIS should remain the sole responsibility of the Commission. It is necessary to conduct tests in order to assess whether SIS I can work in accordance with the technical and functional requirements as defined in the SIS II legal instruments. () O] L 381, 28.12.2006, p. 4. () O] L 205, 7.8.2007, p. 63.