(1)

Regulations (EU) 2018/1861 and (EU) 2018/1862 lay down new rules on the establishment, operation and use of the Schengen Information System. The new Regulations increase the effectiveness and strengthen the technical and operational efficiency of the Schengen Information System and extend its use by introducing new alert categories and functionalities. In addition, Regulation (EU) 2018/1860 of the European Parliament and of the Council (3) established a new type of alert on the return of third-country nationals.

(2)

Regulation (EU) 2018/1861 constitutes the legal basis for the Schengen Information System in respect of matters falling within the scope of Chapter 2 of Title V of Part Three of the Treaty on Functioning of the European Union (TFEU) and Regulation (EU) 2018/1862 constitutes the legal basis for the Schengen Information System in respect of matters falling within the scope of Chapters 4 and 5 of Title V of Part Three of the TFEU. The fact that the legal basis for the Schengen Information System consists of separate instruments does not affect the principle that the Schengen Information System constitutes one single information system that should operate as such.

(3)

Directive (EU) 2016/680 of the European Parliament and of the Council (4) and Regulation (EU) 2016/679 of the European Parliament and of the Council (5), together with Regulations (EU) 2018/1861 and (EU) 2018/1862, set out the rights of data subjects regarding the processing of their personal data in relation to the use of the Schengen Information System by the national competent authorities, as well as the procedures for exercising such rights.

(4)

The national independent supervisory authorities referred to in Directive (EU) 2016/680 and Regulation (EU) 2016/679 monitor the lawfulness of the processing of personal data by the Member States in relation to their use of the Schengen Information System.

(5)

In accordance with Regulations (EU) 2018/1861 and (EU) 2018/1862, Member States are to report annually to the European Data Protection Board on the exercise of the rights of data subjects in accordance with a template to be developed by the Commission.

(6)

In order to ensure that the annual reports from Member States provide for a consistent overview of the functioning of remedies available to data subjects, the template should set out the data to be collected under Regulations (EU) 2018/1861 and (EU) 2018/1862, concerning the exercise of the rights of data subjects for access, rectification and erasure of their personal data stored in the Schengen Information System, as well as on remedies before national courts and the mutual recognition of judgments.

(7)

By virtue of Article 19 of Regulation (EU) 2018/1860, Article 54(3) of Regulation (EU) 2018/1861 is also applicable to alerts on the return of third-country nationals. Therefore, Member States should also include in their annual reports to the European Data Protection Board the exercise of the rights of data subjects concerning that alert category.

(8)

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 did not take part in the adoption of Regulation (EU) 2018/1861 and Regulation (EU) 2018/1862 and is not bound by them or subject to their application. However, given that Regulation (EU) 2018/1861 and Regulation (EU) 2018/1862 build upon the Schengen acquis, Denmark, in accordance with Article 4 of that Protocol, notified on 26 April 2019 its decision to implement Regulation (EU) 2018/1861 and Regulation (EU) 2018/1862 in its national law. Denmark is therefore bound under international law to implement this Decision.

(9)

Ireland is taking part in this Decision to the extent that it concerns Regulation (EU) 2018/1862 in accordance with Article 5(1) of Protocol No 19 on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union and Article 6(2) of Council Decision 2002/192/EC (6), read in conjunction with Council Implementing Decision (EU) 2020/1745 (7).

(10)

As regards Iceland and Norway, this Decision constitutes a development of 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 these States’ association with the implementation, application and development of the Schengen acquis (8), which fall within the area referred to in Article 1, point (G) of Council Decision 1999/437/EC (9).

(11)

As regards Switzerland, this Decision constitutes 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 (10), which fall within the area referred to in Article 1, point (G), of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (11) and Article 3 of Council Decision 2008/149/JHA (12).

(12)

As regards Liechtenstein, this Decision constitutes 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 (13), which fall within the area referred to in Article 1, point (G), of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (14) and Article 3 of Council Decision 2011/349/EU (15).

(13)

As regards Bulgaria and Romania, this Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession and should be read in conjunction with Council Decisions 2010/365/EU (16) and (EU) 2018/934 (17).

(14)

As regards Croatia, this Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2011 Act of Accession and should be read in conjunction with Council Decision (EU) 2017/733 (18).

(15)

Concerning Cyprus, this Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession.

(16)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (19) and delivered an opinion on 11 July 2022,