A strengthened Schengen Information System

 

SUMMARY OF:

Regulation (EU) 2018/1860 on the use of the Schengen Information System (SIS) for the return of illegally staying third-country nationals

Regulation (EU) 2018/1861 on the establishment, operation and use of the SIS in the field of border checks, and amending the Convention implementing the Schengen Agreement

Regulation (EU) 2018/1862 on the establishment, operation and use of the SIS in the field of police cooperation and judicial cooperation in criminal matters

WHAT IS THE AIM OF THESE REGULATIONS?

The Schengen Information System (SIS), created in 1995 following the abolition of internal border controls in the EU, is a large-scale database supporting external border control and law enforcement cooperation between member countries of the Schengen Agreement.

The 3 regulations are designed to strengthen the existing measures in SIS II — established in 2006 and operational from 2013 — particularly in light of the new migration and security challenges. They will replace the current legislation laid down in Regulations (EC) No 1986/2006 and (EC) No 1987/2006, and Decision 2007/533/JHA.

This summary describes how the SIS will operate once the 3 new regulations are fully in force.

KEY POINTS

Architecture

SIS consists of:

The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA):

Procedural rules state:

Costs:

Alert categories per regulation

Regulation (EU) 2018/1860 strengthens enforcement of the EU’s return policy and reduces incentives for illegal immigration into the EU:

Regulation (EU) 2018/1861 covers the use of SIS for entry bans and border checks:

Regulation 2018/1862 improves and extends the use of SIS for cooperation between police and judicial authorities:

Data rights

Individuals have the right to:

SIS member governments:

Independent supervisory authorities monitor the legality of national processing of personal data in SIS; the European Data Protection Supervisor set up under Regulation (EU) 2018/1725 performs the same role for eu-LISA. The two cooperate to ensure coordinated supervision of SIS.

The following have access to data in SIS:

The European Commission evaluates every 5 years the use these agencies make of SIS.

Responsibilities

Each SIS member country:

The Commission:

eu-LISA is responsible for:

Information campaign

FROM WHEN DO THE REGULATIONS APPLY?

They shall apply gradually and in entirety they shall be fully operational byno later than 28 December 2021. The date is to be decided by the Commission after the verification that the following conditions have been met:

BACKGROUND

KEY TERMS

Alert: a set of data enabling authorities to identify a person or object and act accordingly.
Dactyloscopic data: data on palm and fingerprints.
Flag: suspension of the validity of an alert at national level.
Return decisions: judicial or administrative decision on a non-EU national considered to be staying illegally who should return to their home country.
Supplementary information: information not forming part of the alert data in SIS, but connected to it.

MAIN DOCUMENTS

Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals(OJ L 312, 7.12.2018, pp. 1-13)

Regulation (EU) 2018/1861 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 border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, pp. 14-55)

Successive amendments to Regulation (EU) 2018/1861 have been incorporated into the original document. This consolidated version is of documentary value only.

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 (OJ L 312, 7.12.2018, pp. 56-106)

See consolidated version.

RELATED DOCUMENTS

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 (OJ L 295, 21.11.2018, pp. 99-137)

Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, pp. 6-21)

Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, pp. 1-76)

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, pp. 1-88)

See consolidated version.

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, pp. 1-52)

See consolidated version.

Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, pp. 27-37)

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, pp. 98-107)

The Schengen acquis as referred to in Article 1(2) of Council Decision 1999/435/EC of 20 May 1999 (OJ L 239, 22.9.2000, pp. 1-473)

last update 04.05.2020