Regulation (EU) 2018/1862 of the European Parliament and of the CouncilShow full title

Article 44 U.K. National competent authorities having a right to access data in SIS

1. National competent authorities shall have access to data entered in SIS and the right to search such data directly or in a copy of the SIS database for the purposes of:

(a) border control, in accordance with Regulation (EU) 2016/399;

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

(c) the prevention, detection, investigation or prosecution of terrorist offences or other serious criminal offences or the execution of criminal penalties, within the Member State concerned, provided that Directive (EU) 2016/680 applies;

(d) examining the conditions and taking decisions related to the entry and stay of third-country nationals on the territory of the Member States, including on residence permits and long-stay visas, and to the return of third-country nationals, as well as carrying out checks on third country nationals who are illegally entering or staying on the territory of the Member States;

(e) security checks on third-country nationals who apply for international protection, insofar as authorities performing the checks are not ‘determining authorities’ as defined in point (f) of Article 2 of Directive 2013/32/EU of the European Parliament and of the Council(1), and, where relevant, providing advice in accordance with Council Regulation (EC) No 377/2004(2).

2. The right to access data in SIS and the right to search such data directly may be exercised by national competent authorities responsible for naturalisation, as provided for in national law, for the purposes of examining an application for naturalisation.

3. The right to access data entered in SIS 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 charging a person, in the performance of their tasks, as provided for in national law, and by their coordinating authorities.

4. The competent authorities referred to in this Article shall be included in the list referred to in Article 56(7).

(1)

Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).

(2)

Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1).