Regulation (EC) No 1987/2006 of the European Parliament and of the CouncilShow full title

CHAPTER IV U.K. ALERTS ISSUED IN RESPECT OF THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF REFUSING ENTRY AND STAY

Article 20 U.K. Categories of data

1. Without prejudice to Article 8(1) or the provisions of this Regulation providing for the storage of additional data, SIS II shall contain only those categories of data which are supplied by each of the Member States, as required for the purposes laid down in Article 24.

2. The information on persons in relation to whom an alert has been issued shall be no more than the following:

(a) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately;

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

(c) place and date of birth;

(d) sex;

(e) photographs;

(f) fingerprints;

(g) nationality(ies);

(h) whether the person concerned is armed, violent or has escaped;

(i) reason for the alert;

(j) authority issuing the alert;

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

[F1 (ka) the type of offence;]

(l) action to be taken;

(m) link(s) to other alerts issued in SIS II in accordance with Article 37.

3. The technical rules necessary for entering, updating, deleting and searching the data referred to in paragraph 2 shall be established in accordance with the procedure referred to in Article 51(2), without prejudice to the provisions of the instrument setting up the Management Authority.

4. The technical rules necessary for searching the data referred to in paragraph 2 shall be similar for searches in CS-SIS, in national copies and in technical copies, as referred to in Article 31(2).

Textual Amendments

F1 Inserted by 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.

Article 21 U.K. Proportionality

Before issuing an alert, Member States shall determine whether the case is adequate, relevant and important enough to warrant entry of the alert in SIS II.

[F1 Where the decision to refuse entry and stay referred to in Article 24(2) is related to a terrorist offence, the case shall be considered adequate, relevant and important enough to warrant an alert in SIS II. For public or national security reasons, Member States may exceptionally refrain from entering an alert when it is likely to obstruct official or legal inquiries, investigations or procedures.]

Textual Amendments

F1 Inserted by 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.

Article 22 U.K. Specific rules for photographs and fingerprints

The use of photographs and fingerprints as referred to in Article 20(2)(e) and (f) shall be subject to the following provisions:

(a)

photographs and fingerprints shall only be entered following a special quality check to ascertain the fulfilment of a minimum data quality standard. The specification of the special quality check shall be established in accordance with the procedure referred to in Article 51(2), without prejudice to the provisions of the instrument setting up the Management Authority;

(b)

photographs and fingerprints shall only be used to confirm the identity of a third-country national who has been located as a result of an alphanumeric search made in SIS II;

(c)

as soon as this becomes technically possible, fingerprints may also be used to identify a third-country national on the basis of his biometric identifier. Before this functionality is implemented in SIS II, the Commission shall present a report on the availability and readiness of the required technology, on which the European Parliament shall be consulted.

Article 23 U.K. Requirement for an alert to be entered

1. An alert may not be entered without the data referred to in Article 20(2)(a), (d), (k) and (l).

2. When available, all other data listed in Article 20(2) shall also be entered.

Article 24 U.K. Conditions for issuing alerts on refusal of entry or stay

1. Data on third-country nationals in respect of whom an alert has been issued for the purposes of refusing entry or stay shall be entered on the basis of a national alert resulting from a decision taken by the competent administrative authorities or courts in accordance with the rules of procedure laid down by national law taken on the basis of an individual assessment. Appeals against these decisions shall lie in accordance with national legislation.

2. An alert shall be entered where the decision referred to in paragraph 1 is based on a threat to public policy or public security or to national security which the presence of the third-country national in question in the territory of a Member State may pose. This situation shall arise in particular in the case of:

(a) a third-country national who has been convicted in a Member State of an offence carrying a penalty involving deprivation of liberty of at least one year;

(b) a third-country national in respect of whom there are serious grounds for believing that he has committed a serious criminal offence or in respect of whom there are clear indications of an intention to commit such an offence in the territory of a Member State.

3. An alert may also be entered when the decision referred to in paragraph 1 is based on the fact that the third-country national has been subject to a measure involving expulsion, refusal of entry or removal which has not been rescinded or suspended, that includes or is accompanied by a prohibition on entry or, where applicable, a prohibition on residence, based on a failure to comply with national regulations on the entry or residence of third-country nationals.

4. This Article shall not apply in respect of the persons referred to in Article 26.

5. The Commission shall review the application of this Article three years after the date referred to in Article 55(2). On the basis of that review, the Commission shall, using its right of initiative in accordance with the Treaty, make the necessary proposals to modify the provisions of this Article to achieve a greater level of harmonisation of the criteria for entering alerts.

Article 25 U.K. Conditions for entering alerts on third-country nationals who are beneficiaries of the right of free movement within the Community

1. An alert concerning a third-country national who is a beneficiary of the right of free movement within the Community, within the meaning of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States(1) shall be in conformity with the rules adopted in implementation of that Directive.

2. Where there is a hit on an alert pursuant to Article 24 concerning a third-country national who is a beneficiary of the right of free movement within the Community, the Member State executing the alert shall consult immediately the issuing Member State, through its SIRENE Bureau and in accordance with the provisions of the SIRENE Manual, in order to decide without delay on the action to be taken.

[F2 Article 26 U.K. Conditions for entering alerts on third-country nationals subject to restrictive measures

1. Alerts on third-country nationals who are the subject of a restrictive measure intended to prevent entry into or transit through the territory of Member States taken in accordance with legal acts adopted by the Council, including measures implementing a travel ban issued by the Security Council of the United Nations, shall, insofar as data-quality requirements are satisfied, be entered into SIS II for the purpose of refusing entry and stay.

2. The alerts shall be entered, kept up-to-date and deleted by the competent authority of the Member State which holds the Presidency of the Council of the European Union at the time of the adoption of the measure. If that Member State does not have access to SIS II or to alerts entered in accordance with this Regulation, the responsibility shall be taken up by the Member State which holds the subsequent Presidency and which has access to SIS II, including to alerts entered in accordance with this Regulation.

Member States shall put in place the necessary procedures for entering, updating and deleting such alerts.]

Textual Amendments

F2 Substituted by 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.

Article 27 U.K. Authorities having a right to access alerts

1. Access to data entered in SIS II and the right to search such data directly or in a copy of SIS II data shall be reserved exclusively to the authorities responsible for the identification of third-country nationals for the purposes of:

(a) border control, in accordance with Regulation (EC) No 562/2006 of the European Parliament and the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)(2);

(b) other police and customs checks carried out within the Member State concerned, and the coordination of such checks by designated authorities.

2. However, the right to access data entered in SIS II and the right to search such data directly may also be exercised by national judicial authorities, including those responsible for the initiation of public prosecutions in criminal proceedings and for judicial inquiries prior to charge, in the performance of their tasks, as provided for in national legislation, and by their coordinating authorities.

3. In addition, the right to access data entered in SIS II and the data concerning documents relating to persons entered in accordance with Article 38(2)(d) and (e) of [X1 Decision 2007/533/JHA] and the right to search such data directly may be exercised by the authorities responsible for issuing visas, the central authorities responsible for examining visa applications and the authorities responsible for issuing residence permits and for the administration of legislation relating to third-country nationals in the context of the application of the Community acquis relating to the movement of persons. Access to data by these authorities shall be governed by the law of each Member State.

4. The authorities referred to in this Article shall be included in the list referred to in Article 31(8).

Editorial Information

X1 Substituted by Corrigendum to 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) (Official Journal of the European Union L 381 of 28 December 2006).

[F1 Article 27a U.K. Access to data in SIS II by Europol

1. The European Union Agency for Law Enforcement Cooperation (Europol), established by Regulation (EU) 2016/794 of the European Parliament and of the Council (3) , shall, where necessary to fulfil its mandate, have the right to access and search data in SIS II. Europol may also exchange and further request supplementary information in accordance with the provisions of the SIRENE Manual.

2. Where a search by Europol reveals the existence of an alert in SIS II, Europol shall inform the issuing Member State through the exchange of supplementary information by means of the Communication Infrastructure and in accordance with the provisions set out in the SIRENE Manual. Until Europol is able to use the functionalities intended for the exchange of supplementary information, it shall inform issuing Member States through the channels defined by Regulation (EU) 2016/794.

3. Europol may process the supplementary information that has been provided to it by Member States for the purposes of comparing it with its databases and operational analysis projects, aimed at identifying connections or other relevant links and for the strategic, thematic or operational analyses referred to in points (a), (b) and (c) of Article 18(2) of Regulation (EU) 2016/794. Any processing by Europol of supplementary information for the purpose of this Article shall be carried out in accordance with that Regulation.

4. Europol's use of information obtained from a search in SIS II or from the processing of supplementary information shall be subject to the consent of the issuing Member State. If the Member State allows the use of such information, its handling by Europol shall be governed by Regulation (EU) 2016/794. Europol shall only communicate such information to third countries and third bodies with the consent of the issuing Member State and in full compliance with Union law on data protection.

5. Europol shall:

(a) without prejudice to paragraphs 4 and 6, not connect parts of SIS II nor transfer the data contained in it to which it has access to any system for data collection and processing operated by or at Europol, nor download or otherwise copy any part of SIS II;

(b) notwithstanding Article 31(1) of Regulation (EU) 2016/794, delete supplementary information containing personal data at the latest one year after the related alert has been deleted. By way of derogation, where Europol has information in its databases or operational analysis projects on a case to which the supplementary information is related, in order for Europol to perform its tasks, Europol may exceptionally continue to store the supplementary information when necessary. Europol shall inform the issuing and the executing Member State of the continued storage of such supplementary information and present a justification for it;

(c) limit access to data in SIS II, including supplementary information, to specifically authorised staff of Europol who require access to such data for the performance of their tasks;

(d) adopt and apply measures to ensure security, confidentiality and self-monitoring in accordance with Articles 10, 11 and 13;

(e) ensure that its staff who are authorised to process SIS II data receive appropriate training and information in accordance with Article 14; and

(f) without prejudice to Regulation (EU) 2016/794, allow the European Data Protection Supervisor to monitor and review the activities of Europol in the exercise of its right to access and search data in SIS II and in the exchange and processing of supplementary information.

6. Europol shall only copy data from SIS II for technical purposes where such copying is necessary in order for duly authorised Europol staff to carry out a direct search. This Regulation shall apply to such copies. The technical copy shall only be used for the purpose of storing SIS II data whilst those data are searched. Once the data have been searched they shall be deleted. Such uses shall not be considered to be unlawful downloading or copying of SIS II data. Europol shall not copy alert data or additional data issued by Member States or from CS-SIS II into other Europol systems.

7. For the purpose of verifying the lawfulness of data processing, self-monitoring and ensuring proper data security and integrity, Europol shall keep logs of every access to and search in SIS II in accordance with the provisions of Article 12. Such logs and documentation shall not be considered to be unlawful downloading or copying of part of SIS II.

8. Member States shall inform Europol through the exchange of supplementary information of any hit on alerts related to terrorist offences. Member States may exceptionally not inform Europol if doing so would jeopardise current investigations, the safety of an individual or be contrary to essential interests of the security of the issuing Member State.

9. Paragraph 8 shall apply from the date that Europol is able to receive supplementary information in accordance with paragraph 1.

Textual Amendments

F1 Inserted by 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.

Article 27b U.K. Access to data in SIS II by the European Border and Coast Guard teams, teams of staff involved in return-related tasks, and members of the migration management support teams

1. In accordance with Article 40(8) of Regulation (EU) 2016/1624 of the European Parliament and of the Council (4) , the members of the teams referred to in points (8) and (9) of Article 2 of that Regulation shall, within their mandate and provided that they are authorised to carry out checks in accordance with Article 27(1) of this Regulation and have received the required training in accordance with Article 14 of this Regulation, have the right to access and search data in SIS II insofar it is necessary for the performance of their task and as required by the operational plan for a specific operation. Access to data in SIS II shall not be extended to any other team members.

2. Members of the teams referred to in paragraph 1 shall exercise the right to access and search data in SIS II in accordance with paragraph 1 through a technical interface. The technical interface shall be set up and maintained by the European Border and Coast Guard Agency and shall allow direct connection to Central SIS II.

3. Where a search by a member of the teams referred to in paragraph 1 of this Article reveals the existence of an alert in SIS II, the issuing Member State shall be informed thereof. In accordance with Article 40 of Regulation (EU) 2016/1624, members of the teams shall only act in response to an alert in SIS II under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.

4. For the purpose of verifying the lawfulness of data processing, self-monitoring and ensuring proper data security and integrity, the European Border and Coast Guard Agency shall keep logs of every access to and search in SIS II in accordance with the provisions of Article 12.

5. The European Border and Coast Guard Agency shall adopt and apply measures to ensure security, confidentiality and self-monitoring in accordance with Articles 10, 11 and 13 and shall ensure that the teams referred to in paragraph 1 of this Article apply those measures.

6. Nothing in this Article shall be interpreted as affecting the provisions of Regulation (EU) 2016/1624 concerning data protection or the European Border and Coast Guard Agency's liability for any unauthorised or incorrect processing of data by it.

7. Without prejudice to paragraph 2, no parts of SIS II shall be connected to any system for data collection and processing operated by the teams referred to in paragraph 1 or by the European Border and Coast Guard Agency, nor shall the data in SIS II to which those teams have access be transferred to such a system. No part of SIS II shall be downloaded or copied. The logging of access and searches shall not be considered to be unlawful downloading or copying of SIS II data.

8. The European Border and Coast Guard Agency shall allow the European Data Protection Supervisor to monitor and review the activities of the teams referred to in this Article in the exercise of their right to access and search data in SIS II. This shall be without prejudice to the further provisions of Regulation (EU) 2018/1725 of the European Parliament and of the Council (5) .]

Textual Amendments

F1 Inserted by 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.

Article 28 U.K. Scope of access

Users may only access data which they require for the performance of their tasks.

Article 29 U.K. Retention period of alerts

1. Alerts entered in SIS II pursuant to this Regulation shall be kept only for the time required to achieve the purposes for which they were entered.

2. A Member State issuing an alert shall, within three years of its entry in SIS II, review the need to keep it.

3. Each Member State shall, where appropriate, set shorter review periods in accordance with its national law.

4. Within the review period, a Member State issuing an alert may, following a comprehensive individual assessment, which shall be recorded, decide to keep the alert longer, should this prove necessary for the purposes for which the alert was issued. In such a case, paragraph 2 shall apply also to the extension. Any extension of an alert shall be communicated to CS-SIS.

5. Alerts shall automatically be erased after the review period referred to in paragraph 2 except where the Member State issuing the alert has communicated the extension of the alert to CS-SIS pursuant to paragraph 4. CS-SIS shall automatically inform the Member States of the scheduled deletion of data from the system four months in advance.

6. Member States shall keep statistics about the number of alerts the retention period of which has been extended in accordance with paragraph 4.

Article 30 U.K. Acquisition of citizenship and alerts

Alerts issued in respect of a person who has acquired citizenship of any State whose nationals are beneficiaries of the right of free movement within the Community shall be erased as soon as the Member State which issued the alert becomes aware, or is informed pursuant to Article 34, that the person in question has acquired such citizenship.

(1)

OJ L 158, 30.4.2004, p. 77.

(2)

OJ L 105, 13.4.2006, p. 1.

(3)

[F1 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA ( OJ L 135, 24.5.2016, p. 53 ).]

(4)

[F1 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, p. 1 ).]

(5)

[F1 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC ( OJ L 295, 21.11.2018, p. 39 ).]

Textual Amendments

F1 Inserted by 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.