L 25726 Official Journal of the European Union 30.9.2009 I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 17 September 2009 laying down the date for the completion of migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (notified under document C(2009) 6910) (Only the Bulgarian, Czech, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic) (2009/720/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS 1I) (1), and in particular Article 11(2) thereof, Whereas: Article 11(2) of Regulation (EC) No 1104/2008 provides for the migration of the Member States participating in SIS 1+ from N.SIS to N.SIS I using the interim migration architecture, with the support of France and of the Commission, by 30 September 2009 at the latest. If necessary, this date may be changed in accordance with the procedure defined in Article 17(2) of that Regulation. Issues identified during testing of SIS II led to delay in the implementation of the activities set out in Regulation (EC) No 1104/2008. Council conclusions of 26 and 27 February 2009 stated that, given the time required to resolve outstanding issues, the date for migration from SIS 1+ to SIS II, set for September 2009, was no longer realistic. () O] L 299, 8.11.2008, p. 1. G) In the light of the delay to the migration from SIS 1+ to SIS 1I, the new date for the completion of migration should be set to coincide with the final expiry date of Regulation (EC) No 1104/2008, allowing the continuation of activities leading to the start of operations of SIS II until that date. In accordance with Article 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the EC Treaty, Denmark did not take part in the adoption of Regulation (EC) No 1104/2008 and is not bound by it nor subject to its application. However, given that Regulation (EC) No 1104/2008 builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty estab- lishing the European Community, Denmark, in accordance with Article 5 of the Protocol, notified the transposition of this acquis in its national law. It is therefore bound under international law to implement this Decision. This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (?). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application. This Decision should therefore not be addressed to the United Kingdom. () 0] L 131, 1.6.2000, p. 43.