Second generation Schengen Information System (SIS II)

 

SUMMARY OF:

Regulation (EC) No 1987/2006 — establishment, operation and use of the second-generation Schengen Information System (SIS II)

Decision 2007/533/JHA — establishment, operation and use of the second generation Schengen Information System (SIS II)

WHAT ARE THE AIMS OF THE REGULATION AND DECISION?

KEY POINTS

Architecture. SIS II consists of the following.

Costs

Procedural rules

Alert categories

Regulation (EC) No 1987/2006 covers alerts (and the conditions attached) on non-EU citizens to refuse them entry or stay on the grounds they pose a threat to public policy or national security. This is particularly the case where the individual:

Decision 2007/533/JHA sets out the alerts used to support operational cooperation between police and judicial authorities in criminal matters and the relevant procedures to submit and act on them. They cover:

The decision specifically allows data (number, issuing country and type of document) on stolen, misappropriated, lost or invalidated passports to be exchanged with members of Interpol.

The following entities have access to data in SIS II.

Responsibilities

Each Schengen area country does the following.

A management authority (eu-LISA) is responsible for:

Data protection

FROM WHEN DO THE REGULATION AND DECISION APPLY?

The regulation has applied since 17 January 2007.

The decision has applied since 28 August 2007.

BACKGROUND

Revision of the SIS II legal framework

On 19 November 2018 the Council adopted three regulations on the use of the Schengen Information System which gradually replace the current regulation and decision in order to address potential gaps in the system and introduce several essential changes on the types of alert entered (see summary on A strengthened Schengen Information System Schengen Information System). This will contribute to strengthening the fight against terrorism and serious crime, ensuring a high level of security across the EU, and help migration management.

The new legal framework consists of the regulations:

The new regulations, to be put into effect gradually until December 2021, introduce additional categories of alerts to the system, such as:

They also expand the list of objects for which alerts can be issued, including false documents and high-value identifiable objects, as well as IT equipment.

In addition, the introduction of alerts in the SIS as regards entry bans for third-country nationals becomes compulsory.

The regulations introduce the possibility of using facial images for identification purposes, in particular to ensure consistency in border control procedures. It also allows for the inclusion of a DNA profile to facilitate the identification of missing persons in cases where fingerprint data, photographs or facial images are not available or not suitable for identification.

Europol is able to access all categories of data in the SIS and to exchange supplementary information with EU national Sirene Bureaux. In addition, EU countries must inform Europol of any hits when a person is sought in relation to a terrorist offence. For the purposes set out in its mandate, the European Border and Coast Guard Agency (Frontex) will also have access to the alert categories in SIS.

Further information

For more information, see:

KEY TERMS

Alert: A set of data enabling authorities to identify a person or object and act accordingly.
Supplementary information: Information not forming part of the alert data in SIS, but connected to it.
Data subject: an identified or identifiable natural person.

MAIN DOCUMENTS

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, pp. 4-23)

Successive amendments to Regulation (EC) No 1987/2006 have been incorporated into the original document. This consolidated version is of documentary value only.

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, pp. 63-84)

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)

See consolidated version.

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)

See consolidated version.

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.

Commission Implementing Decision (EU) 2016/1345 of 4 August 2016 on minimum data quality standards for fingerprint records within the second generation Schengen Information System (SIS II) (OJ L 213, 6.8.2016, pp. 15-20)

Commission Implementing Decision 2013/115/EU of 26 February 2013 on the Sirene Manual and other implementing measures for the second-generation Schengen Information System (SIS II) (OJ L 71, 14.3.2013, pp. 1-36)

See consolidated version.

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, pp. 1-17)

See consolidated version.

Commission Decision 2007/171/EC of 16 M.arch 2007 laying down the network requirements for the Schengen Information System II (3rd pillar) (OJ L 79, 20.3.2007, pp. 29-37)

last update 20.08.2019