EUROPEAN COMMISSION

Brussels, 21.12.2016

COM(2016) 881 final

2016/0407(COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the use of the Schengen Information System for the return of illegally staying third-country nationals

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Over the course of the last two years, the European Union has been working on simultaneously addressing the separate challenges of migration management, integrated border management of the EU's external borders and the fight against terrorism and cross-border crime. Effective information exchange amongst Member States, and between Member States and the relevant EU agencies, is essential to providing a robust response to those challenges and to building an effective and genuine Security Union.

The Schengen Information System (SIS) is the most successful tool for the effective cooperation of immigration, police, customs and judicial authorities in the EU and the Schengen associated countries. Competent authorities in the Member States such as police, border guards and customs officers need to have access to high quality information about the persons or objects they are checking, with clear instructions about what needs to be done in each case. This large-scale information system is at the very heart of Schengen cooperation and plays a crucial role in facilitating the free movement of people within the Schengen area. It enables competent authorities to enter and consult data on wanted persons, persons who may not have the right to enter or stay in the EU, missing persons – in particular children – and objects that may have been stolen, misappropriated or lost. SIS not only contains information about a particular person or object but also clear instructions for the competent authorities on what to do with that person or object once found.

Following the findings of the High Level Expert Group on Information Systems and Interoperability, which will be presented in the first half of 2017, the Commission will consider a second set of proposals to further improve interoperability of SIS with other IT systems in mid-2017. The review of Regulation (EU) No 1077/2011 5 concerning the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) is an equally important element of this work and is likely to be the subject of separate Commission proposals also in 2017. Investing in swift, effective and qualitative information exchange and information management and ensuring the interoperability of EU databases and information systems is an important aspect of addressing current security challenges.

Against this background, the purpose of the present proposal is to improve and extend the use of SIS by making it obligatory for Member States' authorities to enter in SIS all return decisions issued in accordance with provisions respecting Directive 2008/115/EC, to allow their EU-wide visibility and thus enhance their enforcement. The proposal widens the scope of application of the current SIS by introducing a new alert category for return decisions.

The proposal for border management already contains the provisions concerning the entry and processing of alerts on the basis of entry bans issued in accordance with provisions respecting Directive 2008/115/EC in SIS. These measures build upon the Schengen acquis as they support the checks at the EU's external borders. The entry and processing of alerts related to return decisions issued in accordance with provisions respecting Directive 2008/115/EC in SIS support EU's common immigration policy and are therefore laid down in a separate instrument. The proposal for return builds on the general provisions on the establishment, operation and use of SIS provided for in the proposal on border management. Due to these close links it should be adopted, enter into force and apply at the same time as the border management instrument.

The proposal to extend the use of SIS to follow-up the return of illegally staying third-country nationals will support and strengthen the European Union actions towards an integrated, sustainable and holistic EU migration policy. The return of irregular migrants who do not have a right to stay in the EU to their home countries, in full respect of the principle of non-refoulement, is an essential part of our migration policy as stressed in the European Agenda on Migration 6 . However, the EU return system works imperfectly and is not sufficiently effective. Statistics available from Eurostat show that, during the last years, only approximately 40% of irregular migrants required to leave the EU departed effectively; in 2015, 553 395 third-country nationals were ordered to leave, however only 226 800 were effectively returned.

In order to work correctly, the designed system requires systematic checks at exit at the external borders, in order to ensure that all third-country nationals concerned will be reported as having left the territory. The proposal 13 amending Regulation (EU) 2016/399 (Schengen Borders Code) 14 aims at aligning the obligation to systematically check third-country nationals against databases on entry and exit. 

•Consistency with existing policy provisions in the policy area

•Consistency with other Union policies

(a)An effective EU return policy, so as to contribute to and enhance the EU system to return third-country nationals who have no right to stay in the territory of the Member States. This proposal would contribute to reducing incentives to irregular migration to the EU, one of the main objectives of the European Agenda on Migration 15 ;

(b)Eurodac and Dublin system as the introduction of return decisions in SIS will support Member States in following up whether rejected asylum seekers have left the territory of the Member States and returned to a third-country in compliance with a return decision. It will also complement the Commission proposal 16 to extend the use of Eurodac to identify illegally staying third-country nationals who do not claim asylum and who may move around the EU undetected;

(c)Entry/Exit system as it will complement the Commission proposal 17 on the Entry/Exit system and its use to identify and detect overstayers (also within the territory of the Member States);

(d)ETIAS 18  which proposed a thorough security assessment, including a check in SIS, of visa-exempted third-country nationals who intend to travel in the EU;

(e)Schengen Borders Code as it will complement the amendment of the Schengen Borders Code related to the obligation to systematically check third-country nationals against databases on exit;

(f)Commission proposal on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks and repealing Regulation (EC) No 1987/2006 as it will complement the provisions related to entering entry bans in SIS following the return of the third-country national concerned.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

Article 79(2)(c) Treaty on the Functioning of the European Union empowers the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, to adopt measures in the field of illegal immigration and unauthorised residence, including removal and repatriation of persons residing without authorisation. Hence, this Article is the suitable legal basis for using SIS for the return of illegally staying third-country nationals.

•Variable geometry

•Subsidiarity (for non-exclusive competence)

•Proportionality

Article 5 of the Treaty on the European Union states that action by the Union shall not go beyond what is necessary to achieve the objectives of the Treaty. The form chosen for this EU action must enable the proposal to achieve its objective and be implemented as effectively as possible.

The proposed Regulation intends to facilitate the enforcement and monitoring of return decisions issued in accordance with provisions respecting Directive 2008/115/EC in relation to illegally staying third county nationals, in view of ensuring a more effective and successful return policy. It therefore provides the Member States with an additional tool for meeting their obligation to take all necessary measures to ensure the enforcement of return decisions in an effective and proportionate manner in accordance with Article 8(1) of the Return Directive.

To achieve these objectives, and in accordance with the principle of proportionality as set out in Article 5 of the Treaty on the European Union, this Regulation does not go beyond what is necessary in order to achieve those objectives.

•Choice of the instrument

In order to establish uniform and harmonised procedures that are directly applicable, it is appropriate to adopt this act in the form of a Regulation. In addition, this proposal relates to the use of a centralised European information system. Therefore, the rules on its use need to be established in a Regulation.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

In accordance with the SIS II Regulation 19 and Council Decision 2007/533/JHA 20 , three years after its entry into operation, the Commission carried out an overall evaluation of the central SIS II system as well as of the bilateral and multilateral exchange of supplementary information between Member States. The evaluation specifically targeted the review of the application of Article 24 of the SIS II Regulation, establishing the conditions for issuing alerts for the purpose of refusing entry and stay in respect of third-country nationals. The proposals resulting from the evaluation are included in the Proposal for a Regulation of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks and the Proposal for a Regulation of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters.

•Stakeholder consultations

•Collection and use of expertise

In October 2015 the Commission launched an external study 22 with the purpose of assessing the feasibility and technical and operational implications of setting up within the context of SIS an EU wide system for exchanging data on and monitoring compliance with return decisions issued in accordance with provisions respecting Directive 2008/115/EC. The study was finalised in April 2016.

•Impact assessment

No impact assessment was conducted. However, the proposal is based on the results of the feasibility study referred to above.

The study concluded that entering return decisions issued in accordance with provisions respecting Directive 2008/115/EC as alerts in SIS would be technically feasible and result in tangible benefits, especially with regard to the visibility of information across Member States and streamlining follow-up actions.

It would support authorities to:

–enforce the decision in case of non-compliance;

–monitor for each decision whether the obligation to return has been complied with;

–verify whether a third-country national who is found illegally on the territory is subject to a decision issued by another Member State;

–enforce decisions on behalf of other Member States;

–identify illegally staying third-country nationals based on information about enforceable decisions;

–collect statistics on complied and non-complied decisions.

On the other hand, the study concluded that a number of necessary technical and operational changes would impact current practices, organisation and infrastructures. The implications of introducing return decisions issued in accordance with provisions respecting Directive 2008/115/EC in SIS include new/amended operational procedures, additional data categories in alerts on return and new SIS functions (such as the function to notify the issuing authority when the period for voluntary departure has expired). The changes would require the establishment of adequate infrastructure in Member States to enter and manage alerts on return in SIS and additional storage capacities in the Central SIS.

A workload analysis revealed that all players concerned (especially border guards and police officers and the authorities issuing return decisions in accordance with provisions respecting Directive 2008/115/EC) would face additional workload resulting from having to manage alerts on return and follow up an increased number of hits. Finally, the study pointed to the need for a minimum level of harmonisation across Member States when dealing with persons who are already subject to a return decision issued in accordance with provisions respecting Directive 2008/115/EC by another Member State.

•Fundamental rights

This proposal develops and improves an existing system. It widens the scope of application of the current SIS by introducing a new alert category for return decisions. Its impact on fundamental rights is, as a result, limited as the solid functioning of the system has already been proven and important and effective safeguards have already been put in place. Nevertheless, as the proposal involves the processing of personal data, there is a potential impact on an individual's fundamental rights. This has been considered, and safeguards have been put in place in order to respect the principles set out in the Charter of Fundamental Rights of the European Union, and in particular Article 8.

Furthermore, provisions have been put in place in order to ensure that return alerts will not lead to taking measures for the enforcement of return decisions issued in accordance with provisions respecting Directive 2008/115/EC when the period for voluntary departure is still running or when the decision has been suspended or the removal has been postponed (Article 3(2) and (3)).

The elements of the return decision issued in accordance with provisions respecting Directive 2008/115/EC to be entered in SIS are limited to those that are strictly necessary to allow competent authorities to identify the third-country national concerned, carry out return if necessary, and verify that the obligation to return has been complied with (Article 4).

Data will only be kept in SIS as long as required to achieve the purpose of return. As a consequence, it will be required that the issuing Member State deletes the data immediately after receipt of the confirmation of return (Article 6), if the decision is no longer valid, if the person obtained EU citizenship or the citizenship of a State whose nationals are beneficiaries of the right of free movement within the Union or if the person who is the subject of the alert can demonstrate that he or she has left the territory of the Member States in compliance with the return decision issued in accordance with provisions respecting Directive 2008/115/EC (Article 7).

The new provisions on SIS will make more visible the situations where third-country nationals subject to a return decision issued in accordance with provisions respecting Directive 2008/115/EC by a Member State hold at the same time an authorisation or right to stay granted by another Member State. In such cases it shall be mandatory for national authorities to engage in a consultation procedure. Where necessary the alert on return will also be deleted (Article 8).

4.BUDGETARY IMPLICATIONS

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

The review and monitoring provisions included in Articles 53(7) and (8) of the Proposal for a Regulation of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks are applicable.

•Detailed explanation of the specific provisions of the proposal

The proposal aims at setting out the conditions and procedures for the use of SIS for the return of illegally staying third-country nationals in respect of whom a return decision has been issued in accordance with provisions respecting Directive 2008/115/EC by the competent national authorities. The proposal requires entering and processing data in SIS, in the form of alerts, on third-country nationals, subject to a return decision, and exchanging supplementary information on such alerts. The use of SIS for return is aimed at supporting immigration authorities to follow up and enforce the return of third-country nationals who have no right to stay in the Member States, to help to prevent and deter irregular migration and to enhance information sharing and cooperation between immigration authorities.

Scope (Article 1)

Categories of data (Article 4)

Article 4 establishes the data elements that can be contained in a return alert which are similar to those included in Article 20 of the proposal for border management.

The data in relation to the period for voluntary departure, whether the return decision issued in accordance with provisions respecting Directive 2008/115/EC has been suspended or the enforcement of the decision has been postponed are specific for alerts on return.

Effective and timely exchange of supplementary information (Article 5)

Effective and timely cooperation and exchange of supplementary information between Member States requires the set-up of single point of contact. Article 6 provides that each Member State must designate an authority responsible for the exchange of supplementary information on alerts entered on third-country nationals within the context of return and illegal stay. The provisions of the SIRENE Manual referred to in Article 8 of the proposal for a Regulation on the establishment, operation and use of the SIS in the field of border checks are applicable to the designated authority.

In order to meet the requirements laid down in Article 8 of the above-mentioned proposal concerning the continuous availability and timing for replying to requests (within maximum 12 hours), it is necessary that Member States ensure that the authorities competent for taking decisions related to the stay of third-country nationals on their territory are closely involved in the exchange of supplementary information.

Confirmation of return (Article 6)

Article 6 introduces the obligation on Member States to confirm the departure of the third-country national subject to an alert on return to the Member State (or authority) that entered the alert; this applies also when the same Member State is responsible for the issuing and the enforcement of the alert. This provision allows the authorities issuing and enforcing return decisions issued in accordance with provisions respecting Directive 2008/115/EC to verify that the obligation to return has been complied with.

This provision requires systematic checks at exit in order to ensure that all third-country nationals concerned will be reported as having left the territory. The proposal amending Regulation No 562/2006 (Schengen Borders Code) aims at aligning the obligation to systematically check third-country nationals against databases on entry also to exit.

Non-compliance with an obligation to return (Article 7)

Article 7 sets out the provisions in cases of non-compliance with the obligation to return. The notification referred to in paragraph 1 will support the Member States in fulfilling their obligations in accordance with Article 8(1) of Directive 2008/115/EC with regard to third-country nationals who have not complied with the obligation to return.

Paragraph 2 sets out the procedures to deal with situations where a third-country national subject to an alert on return is identified and apprehended in another Member State. The follow-up procedures are to be carried out in accordance with the EU return acquis and other provisions of national and EU legislation applicable to the individual case, which include:

1) issuing a return decision in accordance with provisions respecting the Directive 2008/115/EC;

2) passing back the third-country national to the issuing Member State under an existing bilateral agreement in compliance with Article 6(3) of the Directive 2008/115/EC, or

3) recognising the return decision of the issuing Member State in application of Directive 2001/40/EC.

Consultation procedure (Article 8)

Article 8 of this proposal sets out procedures necessary for preventing and solving divergences or conflicting decisions between Member States. Mutual consultation of competent national authorities can help prevent and solve such conflicting situations, while taking account of the interest of the parties concerned. To be effective, such consultation should be speedily carried out.

Retention and deletion of alerts (Articles 6, 8 and 9)

Paragraph 2 of Article 6 establishes that alerts on return need to be deleted following the return of the third-country national concerned. This paragraph complements the provisions on the moment in which alerts related to entry bans should take effect in SIS as established in Article 24(3) of the proposal for a Regulation on the establishment, operation and use of the SIS in the field of border checks. Member States should take all necessary measure to ensure that there is no time-gap between the moment of departure and the activation of the alert on the entry ban in SIS.

Article 9 includes further rules on deletion of alerts. In addition to the situations covered under Article 6 and Article 8, where deletion of alerts takes place following the return of the third-country national concerned or following a consultation procedure, an alert on return should also be deleted where the return decision issued in accordance with provisions respecting Directive 2008/115/EC has been withdrawn or annulled. The second part of paragraph 1 covers the situation where the alert needs to be deleted due to the fact that the departure of the person was not duly registered.

In the context of the further improvement of the SIS, the opportunity to keep trace in SIS of return decisions after the return was enforced will be explored. This information could be useful if a third country national re-entered the territory of the Member States and is found as illegally staying in a different Member State than the one who issued the first return decision.

Where the return has not been confirmed or where the alert on return has not been deleted due to other reasons the maximum retention period will be five years in line with the retention period for refusal of entry alerts (Article 34 of the proposal for a Regulation on the establishment, operation and use of the SIS in the field of border checks).

Transfer of data to third countries (Article 10)

Access rights (Article 12)

In the Member States, the authorities responsible for issuing return decisions in accordance with provisions respecting Directive 2008/115/EC may vary significantly. Depending on the reason for illegal stay (e.g. refusal of asylum, visa overstay, expire of a residence permit), several authorities may be responsible for issuing such decisions, including judicial authorities when return is ordered as the result of an appeal against a refusal of an authorisation or right to stay, or as a criminal sanction. Such authorities should therefore be able to access SIS in order to enter, update, delete and search data. In addition, the authorities in charge of the identification of third-country nationals during, border, police and other law enforcement checks should have the right to access the data in SIS.

Accordingly, Article 12 provides for appropriate access to alerts on return to be given to:

–national authorities responsible for identifying third-country nationals on the territories of the Member States referred to in Article 29(1) (a), (b), (c) and (d) of Regulation (EU) 2018/xxx [border checks]. The authorities responsible for border checks need to have access to the data for the purpose of identification of third-country nationals who are the subject of a return decision and who exit the territory of the Member States. Police and other law enforcement authorities are responsible in accordance with national law for the identification and return of persons staying on the national territory. Immigration authorities are responsible for taking decisions (including return decisions) on the entry and stay of third-country nationals;

–national judicial authorities (Article 29(2) of Regulation (EU) 2018/xxx [border checks]) should have access to the data in SIS if they are competent in accordance with national law for taking decisions on the entry and stay of third-country nationals;

–institutional users as referred to in Article 30 to 31 of Regulation (EU) 2018/xxx [border checks] (Europol and the European Border and Coast Guard Agency) within the context of their competences in the European Migrant Smuggling Centre (Europol) and in return-related tasks (European Border and Coast Guard Agency).

Applicability of the provisions of the SIS Regulation on border management (Article 13)

Finally, Article 13 provides that the general provisions of SIS as included in the proposal for a Regulation on the establishment, use and operation of the SIS in the field of border checks apply also to the processing of data entered for the purpose of this proposal, in particular the provisions concerning the responsibilities of the Member States and the Agency, the entry and processing of alerts, the conditions for access and retention of alerts, data processing, data protection, liability and monitoring and statistics.

2016/0407 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the use of the Schengen Information System for the return of illegally staying third-country nationals

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(c) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in full respect of fundamental rights and in particular the principle of non-refoulement, and in accordance with Directive 2008/115/EC of the European Parliament and of the Council, is an essential part of the comprehensive efforts to tackle irregular migration and increase the rate of return of irregular migrants.

(2)It is necessary to increase the effectiveness of the European system to return illegally staying third-country nationals. This is essential for maintaining public trust in the Union migration and asylum policy and providing support to persons in need of international protection.

(3)Member States should take all necessary measures to return illegally staying third-country nationals in an effective and proportionate manner, in accordance with the provisions of Directive 2008/115/EC.

(4)A Union-wide system for sharing information between Member States on return decisions issued in respect of third-country nationals staying illegally on the territory of the Member States in accordance with provisions respecting Directive 2008/115/EC and for monitoring whether third-country nationals subject to those decisions have left the territory of the Member States should be established.

(5)Regulation (EU) 2018/xxx [border checks] 24 and Regulation (EU) 2018/xxx [police and judicial cooperation] 25 lay down the conditions for the establishment, operation and use of the Schengen Information System (SIS).

(6)SIS alerts on return and the exchange of supplementary information on these alerts should support competent authorities to take the necessary measures to enforce return decisions issued in accordance with provisions respecting Directive 2008/115/EC. SIS should contribute to the identification and the information sharing between Member States on third-country nationals who are the subject of such return decision, who have absconded and are apprehended in another Member State. These measures should help prevent and deter irregular migration and enhance cooperation between Member States' authorities.

(7)To ensure the effectiveness of return and increase the added value of alerts on return, Member States should enter alerts in SIS in relation to all return decisions they issue to illegally staying third-country nationals in accordance with provisions respecting Directive 2008/115/EC. For this purpose, Member States should enter an alert in SIS also when decisions imposing or stating an obligation to return are issued in the situations described in Article 2(2) of that Directive, notably to third-country nationals who are subject to a refusal of entry in accordance with the Schengen Borders Code, or who are apprehended or intercepted by the competent authorities in connection with the irregular crossing by land, sea or air of the external border of a Member State and who have not subsequently obtained an authorisation or a right to stay in that Member State, and to third-country nationals who are subject to return as a criminal law sanction or as a consequence of a criminal law sanction, according to national law, or who are the subject of extradition procedures.

(8)This Regulation should set out common rules for entering alerts related to return in SIS as soon as the underlying return decisions in accordance with provisions respecting Directive 2008/115/EC are issued. The alert should indicate whether a period for voluntary departure has been granted to the third-country national concerned, including whether such period has been extended taking into account the specific circumstances of the individual case, and whether the decision has been suspended or the removal has been postponed.

(9)It is necessary to specify the categories of data that can be entered in SIS in respect of third-country nationals who are the subject of a return decision issued in accordance with provisions respecting Directive 2008/115/EC. Alerts on return should contain only those data that are required in order to identify the data subjects, to allow the competent authorities to take informed decisions without losing time and to ensure, where necessary, their protection in relation to persons who are armed, violent, have escaped or are involved in an activity as referred to in Articles 1, 2, 3 and 4 of Council Framework Decision 2002/475/JHA on combating terrorism 26 . Furthermore, in order to facilitate identification and detect multiple identities, the alert should include also a reference to the personal identification document and a copy of such document, if available.

(10)Each Member State should designate an authority responsible for the exchange of supplementary information in connection to alerts on return in order to ensure efficient and swift cooperation among the Member States.

(11)Procedures should be established to enable Member States to verify that the obligation to return has been complied with and to confirm the departure of the third-country national concerned to the Member State that issued the alert on return. This information should contribute to a more comprehensive follow-up of the compliance with return decisions in accordance with provisions respecting Directive 2008/115/EC.

(12)Alerts on return should be deleted as soon as the Member State or competent authority that issued the return decision in accordance with provisions respecting Directive 2008/115/EC has been informed that the return has taken place. Where a return decision is accompanied by an entry ban, the latter should be entered in SIS in accordance with Article 24(3) of Regulation (EU) 2018/xxx [border checks]. In such cases Member States should take all necessary measures to ensure that no time-gap exist between the moment in which the third-country national leaves the Schengen area and the activation of the alert on the entry ban in SIS.

(13)SIS should contain a mechanism for notifying the Member States about the non-compliance of third-country nationals with an obligation to return within a given period of voluntary departure. The mechanism should support the Member States in fulfilling their obligations in accordance with Article 8(1) of Directive 2008/115/EC with regard to third-country nationals who have not complied with an obligation to return.

(14)This Regulation should establish mandatory rules for the consultation between national authorities to solve possible conflicting instructions. Consultations should be carried out where third-country nationals who hold, or are being granted, a valid residence permit or other authorisation or right to stay by a Member State are subject to an alert on return issued by another Member State, or cases where conflicting situations may arise at entry in the territories of the Member States.

(15)Alerts should be kept in SIS only for the time required to fulfil the purposes for which they were entered. In accordance with Article 34 of Regulation (EU) 2018/xxx [border checks] the review period for alerts on third-country nationals is five years.

(16)Data processed in SIS or transferred through the exchange of supplementary information may provide to the enforcing Member State information that is useful for the rapid identification and re-documentation of illegally staying third-country nationals, in view of their return to a third country. In individual cases, it should be possible to share such data and information with a third country for this purpose. Sharing of any personal data should be subject to clear conditions, should be carried out in accordance with the provisions of Regulation (EU) 2016/679 and be conducted with the agreement of the Member State that issued the alert.

(17)National authorities responsible for return may differ significantly among Member States, and such authorities may also vary within a Member State depending on the reasons for illegal stay. Judicial authorities may also issue return decisions in accordance with provisions respecting Directive 2008/115/EC, for instance as result of appeals against a refusal of granting an authorisation or right to stay, or as a criminal sanction. All national authorities in charge of issuing and enforcing return decisions in accordance with Directive 2008/115/EC should be entitled to access SIS in order to enter, update, delete and search alerts on return.

(18)Access to alerts on return should be granted to national authorities referred to in points (a), (b),(c) and (d) of Article 29(1) and in Article 29(2) of Regulation (EU) 2018/xxx [border checks] for the purpose of identification and return of third-country nationals.

(19)Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement cooperation (Europol Regulation) provides that Europol supports and strengthens actions carried out by the competent authorities of Member States and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments. In order to facilitate Europol in carrying out its tasks, in particular within the European Migrant Smuggling Centre, it is appropriate to allow Europol access to the alert category defined in this Regulation.

(20)Regulation (EU) 2016/1624 provides that the host Member State shall authorise the members of the European Border and Coast Guard teams or teams of staff involved in return-related tasks, deployed by the European Border and Coast Gard Agency, to consult European databases, where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. The objective of the deployment of the European Border and Coast Guard teams, teams of staff involved in return-related tasks and the migration management support teams is to provide for technical and operational reinforcement to the requesting Member States, especially to those facing disproportionate migratory challenges. Fulfilling the tasks assigned to the European Border and Coast Guard teams, teams of staff involved in return-related tasks and to the migration management support teams, necessitates access to alerts on return SIS via a technical interface of European Border and Coast Gard Agency connecting to Central SIS.

(21)The provisions on responsibilities of the Member States and the European Agency on the operational management of large-scale IT systems in the area of freedom, security and justice, the entry and processing of alerts, the conditions to access and retention of alerts, data processing, data protection, liability and monitoring and statistics as included in Regulation (EU) 2018/xxx [Border checks] should also apply to data entered and processed in SIS in accordance with this Regulation.

(22)In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds, to the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions of entry in accordance with Regulation (EU) 2016/399 of the European Parliament and of the Council 27 , upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.

(23)To the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions of entry in accordance with Regulation (EU) 2016/399, this Regulation constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC 28 ; the United Kingdom is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Moreover, in accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Regulation and is not bound by or subject to its application.

(24)To the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions of entry in accordance with Regulation (EU) 2016/399, this Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC 29 ; Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Moreover, in accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation and is not bound by or subject to its application.

(25)As regards Iceland and Norway, this Regulation constitutes, to the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions of entry in accordance with Regulation (EU) 2016/399, a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis 30 , which fall within the area referred to in Article 1, point C of Council Decision 1999/437/EC 31 .

(26)As regards Switzerland, this Regulation constitutes, to the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions of entry in accordance with Regulation (EU) 2016/399, a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis 32 , which fall within the area referred to in Article 1, point C of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC 33 .

(27)As regards Liechtenstein, this Regulation constitutes, to the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions of entry in accordance with Regulation (EU) 2016/399, a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis 34 , which fall within the area referred to in Article 1, point C of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU 35 .

(28)The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on […],

HAVE ADOPTED THIS REGULATION:

Article 1
Subject matter and scope

This Regulation lays down the conditions and procedures for the entry and processing in the Schengen Information System (SIS), as established by Regulation (EU) 2018/xxx [border checks], of alerts in respect of third-country nationals subject to return decisions issued by the Member States in accordance with procedures respecting Directive 2008/115/EC, as well as for exchanging supplementary information on such alerts.

Article 2
Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a)‘return’ means return as defined in Article 3(3) of Directive 2008/115/EC;

(b) ‘third-country national’ means third-country nationals as defined in Article 3(1) of Directive 2008/115/EC;

(c) ‘return decision’ means a return decision as defined in Article 3(4) of Directive 2008/115/EC;

(d)‘return decision issued in accordance with provisions respecting Directive 2008/115/EC’ means a return decision within the meaning of point (c) and an administrative or judicial decision or act, stating or declaring the stay of a third-country national to be illegal and imposing or stating an obligation to return, issued under the conditions of Article 2(2) of Directive 2008/115/EC;

(e)‘voluntary departure’ means voluntary departure as defined in Article 4(8) of Directive 2008/115/EC;

(f)‘CS-SIS’ means the technical support function of the Central SIS as referred to in Article 4(1)(a) of Regulation (EU) 2018/xxx [border checks].

Article 3
Entry of data in SIS

1.Data on third-country nationals subject to a return decision issued in accordance with provisions respecting Directive 2008/115/EC shall be entered in SIS for the purpose of verifying that the obligation to return has been complied with and for supporting the enforcement of the decision. An alert shall be entered in SIS without delay when the return decision is issued in accordance with provisions respecting Directive 2008/115/EC.

2.The period for voluntary departure granted to third-country nationals subject to a return decision issued in accordance with provisions respecting Directive 2008/115/EC shall be immediately recorded in the alert.

3.The suspension and the postponement of the enforcement of the return decision issued in accordance with provisions respecting Directive 2008/115/EC shall be immediately recorded in the alert.

Article 4
Data categories

Data entered in SIS in accordance with Article 3 of this Regulation shall contain only the following:

(a)surname(s);

(b)forename(s);

(c)name(s) at birth;

(d)previously used names and aliases;

(e)any specific, objective, physical characteristics not subject to change;

(f)place of birth;

(g)date of birth;

(h)sex;

(i)nationality / nationalities;

(j)whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 1, 2, 3 and 4 of Council Framework Decision 2002/475/JHA on combating terrorism;

(k)reason for the alert;

(l)authority issuing the alert;

(m)a reference to the decision giving rise to the alert;

(n)action to be taken;

(o)link(s) to other alerts issued in SIS;

(p)the category of the person’s identification document;

(q)the country of issue of the person’s identification document;

(r)the number(s) of the person’s identification document;

(s)the date of issue of the person’s identification document;

(t)photographs and facial images;

(u)dactylographic data;

(v)a colour copy of the identity document;

(w)period for voluntary departure;

(x)whether the return decision issued in accordance with provisions respecting Directive 2008/115/EC has been suspended or the enforcement of the decision has been postponed.

An alert may not be entered without the data referred to in (a),(g),(k),(m),(n) and (w). When available, all other data listed above shall also be entered.

Article 5
Authority responsible for the exchange of supplementary information

Each Member State shall designate an authority responsible for the exchange of supplementary information on third-country nationals subject to return in accordance with the provisions of the SIRENE Manual laid down in Article 8 of Regulation (EU) 2018/xxx [Border checks].

Article 6
Confirmation of return

1.Where a third-country national who is the subject of an alert on return is identified when exiting through the external borders of a Member State, the Member State that identified the third-country national concerned shall communicate the following information to the issuing Member State through the exchange of supplementary information:

(a)the fact that the third-country national has been identified;

(b)the location and time of the check;

(c)whether the third-country national has left the territory of the Member States;

(d)whether the return was a voluntary compliance with an obligation to return or was enforced;

(e)the third-country of destination.

Where a third-country national, who is the subject of an alert on return, exits through the external border of the issuing Member State, the confirmation of return shall be communicated to the competent authority in accordance with national law.

2.The issuing Member State shall immediately delete the alert following the receipt of the confirmation of return.

3.The Member States shall provide on a monthly basis statistics to the European Agency for the operational management of large-scale information systems in the area of freedom, security and justice established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council 36 (‘the Agency’) on the number of confirmed returns, on whether the return was carried out in voluntary compliance with an obligation to return or was enforced, and on the third countries of destination. Those statistics shall not contain personal data.

Article 7
Non-compliance with return decisions issued in accordance with provisions respecting Directive 2008/115/EC

1.CS-SIS shall notify the Member States about their alerts on return for which the period for voluntary departure has expired.

2.Where a third-country national who is subject of an alert on return is identified by a competent authority and it has been ascertained by the same authority that the obligation to return has not been complied with, that authority shall immediately consult the issuing Member State through the exchange of supplementary information in order to determine without delay the action to be taken.

Article 8
Consultation procedure

1.Where a Member State considers granting a residence permit or other authorisation offering a right to stay to a third-country national who is the subject of an alert on return entered by another Member State, the former shall first consult, through the exchange of supplementary information, the Member State that entered the alert. The Member State that entered the alert shall reply within seven days. If the Member State considering granting a residence permit or other authorisation offering a right to stay decides to grant it, the alert on return shall be deleted.

2.Where a Member State considers entering an alert for return concerning a third-country national who is the holder of a valid residence permit or other authorisation offering a right to stay issued by another Member State, it shall inform through the exchange of supplementary information the Member State that issued the permit in order to allow that Member State to decide whether there are reasons justifying its withdrawal. The Member State that issued the permit shall provide a definite reply within seven days.

3.In the event of a hit on an alert on return concerning a third-country national who is the holder of a valid residence permit or other authorisation offering a right to stay, the Member State that identified the third-country national concerned shall consult immediately the involved Member States, through the exchange of supplementary information, in order to determine the action to be taken.

4.Where a third-country national who is the subject of an alert on return is identified when entering through the external borders, the Member State that identified the third-country national concerned shall immediately inform, through the exchange of supplementary information, the issuing Member State in order to delete the alert.

5.Member States shall provide on an annual basis statistics to the Agency about the consultations carried out in accordance with paragraphs 1, 2, 3 and 4.

Article 9
Deletion of alerts

1.Without prejudice to Articles 6 and 8, alerts on return shall be deleted when the decision upon which the alert was based has been withdrawn or annulled by the competent authority. Alerts on return shall also be deleted when the third-country national concerned can demonstrate that they have left the territory of the Member States in compliance with a return decision issued in accordance with provisions respecting Directive 2008/115/EC.

2.Alerts on return entered in respect of a person who has acquired citizenship of a Member State or of any State whose nationals are beneficiaries of the right of free movement within the Union shall be deleted as soon as the issuing Member State becomes aware, or is informed pursuant to Article 39 of Regulation (EU) 2018/xxx [border checks], that the person in question has acquired such citizenship.

Article 10
Transfer of personal data to third countries for the purpose of return

Data processed in SIS and the related supplementary information pursuant to this Regulation may be transferred or made available to a third-country in accordance with Chapter V of Regulation (EU) 2016/679 with the authorisation of the issuing Member State, only for the purpose of identification of and issuance of an identification or travel document to an illegally staying-third country national in view of return.

Article 11
Statistics

Without prejudice to the provisions on statistics in Article 54 of Regulation (EU) 2018/xxx [Border checks], the Agency shall produce daily, monthly and annual statistics, both in total number and per each Member State on the number of alerts on return entered in SIS, including on the data referred to in Article 4(x) of this Regulation, on the notifications referred to in Article 7(1) of this Regulation and the number of alerts on return deleted due to compliance with an obligation to return. The Agency shall produce monthly and annual statistics about the data provided by the Member States in accordance with Article 6(3) and Article 8(5) of this Regulation. Those statistics shall not contain personal data.

Article 12
Right to access data in SIS

1.Access to data entered in SIS and the right to search such data shall be reserved to the national authorities referred to in points (a), (b), (c) and (d) of Article 29(1) and in Article 29 (2) of Regulation (EU) 2018/ xxx [Border checks] for the purpose of identification and return of third-country nationals.

2.Europol shall have within their mandate the right to access and search data entered in SIS for the purpose of supporting and strengthening action by the competent authorities of the Member States and their mutual cooperation in preventing and combating migrant smuggling and facilitation of irregular migration in accordance with the conditions laid down in Article 30 of Regulation (EU) 2018/ xxx [Border checks].

3.Members of the European Border and Coast Guard teams or teams of staff involved in return-related tasks as well as the members of the migration management support teams shall have within their mandate the right to access and search data entered in SIS for the purpose of carrying out border checks, border surveillance and return operations via the technical interface set up and maintained by the European Border and Coast Guard Agency as referred to and in accordance with the conditions laid down in Articles 31 and Article 32(2) of Regulation (EU) 2018/ xxx [Border checks].

Article 13
Applicability of the provisions of Regulation (EU) 2018/xxx [Border checks]

As far as not established in this Regulation, the provisions on responsibilities of the Member States and the Agency, the entry and processing of alerts, the conditions to access and retention of alerts, data processing, data protection, liability and monitoring and statistics laid down in Articles 6 to 19, Article 20(3)-(4) as well as in Articles 21, 22, 28, 29(4) and 33 to 54 of Regulation (EU) 2018/ xxx [Border checks] shall apply to data entered and processed in SIS in accordance with this Regulation.

Article 14
Entry into force

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

It shall apply from the date fixed by the Commission in accordance with Article 58(2) of Regulation (EU) 2018/xxx [border checks].

Done at Brussels,

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned in the ABM/ABB structure

1.3.Nature of the proposal/initiative

1.4.Objective(s)

1.5.Grounds for the proposal/initiative

1.6.Duration and financial impact

1.7.Management mode(s) planned

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

2.2.Management and control system

2.3.Measures to prevent fraud and irregularities

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

3.2.Estimated impact on expenditure 

3.2.1.Summary of estimated impact on expenditure

3.2.2.Estimated impact on operational appropriations

3.2.3.Estimated impact on appropriations of an administrative nature

3.2.4.Compatibility with the current multiannual financial framework

3.2.5.Third-party contributions

3.3.Estimated impact on revenue

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned in the ABM/ABB structure 37  

1.3.Nature of the proposal/initiative

◻ The proposal/initiative relates to a new action 

◻ The proposal/initiative relates to a new action following a pilot project/preparatory action 38  

☑ The proposal/initiative relates to the extension of an existing action 

◻ The proposal/initiative relates to an action redirected towards a new action 

1.4.Objective(s)

1.4.1.The Commission's multiannual strategic objective(s) targeted by the proposal/initiative

1.4.2.Specific objective(s) and ABM/ABB activity(ies) concerned

1.4.3.Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

1.4.4.Indicators of results and impact

Specify the indicators for monitoring implementation of the proposal/initiative.

1.5.Grounds for the proposal/initiative

1.5.1.Requirement(s) to be met in the short or long term

1.5.2.Added value of EU involvement

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility and possible synergy with other appropriate instruments

1.6.Duration and financial impact

◻ Proposal/initiative of limited duration

–◻    Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY

–◻    Financial impact from YYYY to YYYY

☑ Proposal/initiative of unlimited duration

–Implementation with a start-up period from 2018 to 2020

–followed by full-scale operation.

1.7.Management mode(s) planned 47  

☑ Direct management by the Commission

–☑ by its departments, including by its staff in the Union delegations;

–◻    by the executive agencies

□ Shared management with the Member States

☑ Indirect management by entrusting budget implementation tasks to:

–◻ third countries or the bodies they have designated;

–◻ international organisations and their agencies (to be specified);

–◻the EIB and the European Investment Fund;

–☑ bodies referred to in Articles 208 and 209 of the Financial Regulation;

–◻ public law bodies;

–◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

–◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

–◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

–If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

Specify frequency and conditions.

2.2.Furthermore, eu-LISA is also now required to provide daily, monthly and annual statistics on the use of SIS, ensuring continuous monitoring of the system and its functioning against objectives.Management and control system

2.2.1.Risk(s) identified

2.2.2.Information concerning the internal control system set up

2.2.3.Estimate of the costs and benefits of the controls and assessment of the expected level of risk of error

2.3.Measures to prevent fraud and irregularities

Specify existing or envisaged prevention and protection measures.

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

Existing budget lines

In order of multiannual financial framework headings and budget lines.

3.2.Estimated impact on expenditure

3.2.1.Summary of estimated impact on expenditure

EUR million (to three decimal places)

If more than one heading is affected by the proposal / initiative:

EUR million (to three decimal places)

EUR million (to three decimal places)

3.2.2.Estimated impact on eu-LISA's operational appropriations

–◻    The proposal/initiative does not require the use of operational appropriations

–☑    The proposal/initiative requires the use of operational appropriations, as explained below:

Commitment appropriations in EUR million (to three decimal places)

3.2.3.Estimated impact on eu-LISA's human resources

3.2.3.1.Summary

–◻    The proposal/initiative does not require the use of appropriations of an administrative nature

–☑    The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)

Recruitment is planned for January 2018. Staff must be available as of early 2018 in order to allow starting the development in due time with a view of ensuring entry into operations in 2020. A Contractual Agent (CA) is needed to cover needs both for the project implementation as well as for operational support and maintenance after deployment to production. This resource will be used to:

Support the project implementation as project team members, including activities as: the definition of requirements and technical specifications, cooperation and support to MS during the implementation, updates of the Interface Control Document (ICD), the follow-up of the contractual deliveries, documentation delivery and updates, etc.

Support transition activities for putting the system into operations in cooperation with the contractor (releases follow-up, operational process updates, trainings (including MS training activities) etc.

Support the longer term activities, definition of specifications, contractual preparations in case there is reengineering of the system or in case the new SISII Maintenance in Working Order (MWO) contract will need to be amended to cover additional changes (from technical and budgetary perspective).

Enforce the second level support following Entry into Operation (EiO), during continuous maintenance and operations.

It has to be noted that the new resource (FTE CA) will act on top of the internal teams resources which will be as well dedicated to the other projects and activities and to project/contractual and financial follow-up/ operational activities. The use of a CA position will provide adequate duration and continuity of the contracts to ensure business continuity and use of the same specialized people for operational support activities after the project conclusion. On top of that, the operational support activities require accesses to the Production environment that cannot be assigned to contractors or external staff.

.

3.2.3.2.Estimated requirements of human resources

–◻    The proposal/initiative does not require the use of human resources.

–◻    The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full time equivalent units

XX is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

3.2.4.Compatibility with the current multiannual financial framework

–◻    The proposal/initiative is compatible the current multiannual financial framework.

–☑    The proposal/initiative will entail reprogramming of the relevant heading in the multiannual financial framework.

–◻    The proposal/initiative requires application of the flexibility instrument or revision of the multiannual financial framework.

3.2.5.Third-party contributions

–☑The proposal/initiative does not provide for co-financing by third parties.

–The proposal/initiative provides for the co-financing estimated below:

Appropriations in EUR million (to three decimal places)

3.3.Estimated impact on revenue

–◻    The proposal/initiative has no financial impact on revenue.

–☑    The proposal/initiative has the following financial impact:

–◻    on own resources

–☑    on miscellaneous revenue

EUR million (to three decimal places)

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected.

Specify the method for calculating the impact on revenue.

(1) Report to the European Parliament and Council on the evaluation of the second generation Schengen Information System (SIS II) in accordance with Art. 24 (5), 43 (3) and 50 (5) of Regulation (EC) No 1987/2006 and Art. 59 (3) and 66(5) of Decision 2007/533/JHA and an accompanying Staff Working Document. (OJ…).

(2) Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).

(3) COM(2016) 205 final of 6.4.2016.

(4) Commission Decision 2016/C 257/03 of 17.6.2016.

(5) Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, p.1).

(6) COM(2015) 240 final.

(7) COM(2015) 453 final.

(8) COM(2016) 205 final.

(9) European Council Conclusions of 25 and 26 June 2015 (ST 22 2015 INIT).

(10) Council Conclusions on the future of the return policy, available at: http://www.consilium.europa.eu/press-releases-pdf/2015/10/40802203341_en.pdf  

(11) Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third-country nationals, OJ L 149, 2.6.2001, p. 34; and Council Decision 2004/191/EC of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals, OJ L 60, 27.2.2004, p. 55.

(12) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(13) COM(2015) 670 final.

(14) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) OJ L 77, 23.3.2016, p. 1.

(15) COM(2015) 240 final.

(16) COM(2016) 272 final.

(17) COM(2016) 194 final.

(18) COM(2016) 731 final.

(19) Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, p. 4).

(20) Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 205, 7.8.2007, p. 63).

(21) COM(2014) 199 final.

(22) Study on the feasibility and implications of setting up within the framework of the Schengen Information System an EU-wide system for exchanging data on and monitoring compliance with return decisions ( https://bookshop.europa.eu/en/study-on-the-feasibility-and-implications-of-setting-up-within-the-framework-of-the-schengen-information-system-an-eu-wide-system-for-exchanging-data-on-and-monitoring-compliance-with-return-decisions-pbDR0116353/ )

(23) Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa (OJ L 150, 20.5.2014, p. 143).

(24) Regulation (EU) 2018/… on the establishment, use and operation of the Schengen Information System for the purposes of border checks (OJ L …).

(25) Regulation (EU) 2018/… on the establishment, use and operation of the Schengen Information System for the purposes of police and judicial cooperation in criminal matters (OJ L…).

(26) Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).

(27) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).

(28) 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 (OJ L 131, 1.6.2000, p. 43).

(29) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

(30) OJ L 176, 10.7.1999, p. 36.

(31) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

(32) OJ L 53, 27.2.2008, p. 52.

(33) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

(34) OJ L 160, 18.6.2011, p. 21.

(35) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

(36) Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, p.1).

(37) ABM: activity-based management; ABB: activity-based budgeting.

(38) As referred to in Article 54(2)(a) or (b) of the Financial Regulation.

(39) COM(2015) 453 final.

(40) COM(2016) 205 final.

(41) COM(2015) 240 final.

(42) COM(2014) 199 final.

(43) Ares(2016)2231546 – 12/05/2016.

(44) Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348,24.12.2008, p. 98).

(45) Study on the feasibility and implications of setting up within the framework of the Schengen InformationSystem an EU-wide system for exchanging data on and monitoring compliance with return decisions https://bookshop.europa.eu/en/study-on-the-feasibility-and-implications-of-setting-up-within-the-framework-of-the-schengen-information-system-an-eu-wide-system-for-exchanging-data-on-and-monitoring-compliance-with-return-decisions-pbDR0116353/ )

(46) COM(2015) 670 final.

(47) Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

(48) OJ L…

(49) OJ L …

(50) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.

(51) EFTA: European Free Trade Association.

(52) Candidate countries and, where applicable, potential candidate countries from the Western Balkans.

(53) Year N is the year in which implementation of the proposal/initiative starts.

(54) Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).

(55) As described in point 1.4.2. ‘Specific objective(s)…’.

(56) AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; JED= Junior Experts in Delegations.

(57) Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).

(58) As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 25 % for collection costs.