PART 22 U.K.Schengen Information System (SIS II)

Saving provisions – supplementary information and national files U.K.

121.—(1) This regulation applies in relation to data relating to—

(a) an alert which the United Kingdom issued before commencement day F1 ...

(b) an alert in connection with which action was taken on the territory of the United Kingdom before commencement day [F2 , or

(c) supplementary information received by the United Kingdom in accordance with Article 63(1)(e) of the withdrawal agreement.]

(2) Subject to the modifications in paragraph (3), the following provisions of Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) continue to have effect in relation to the data referred to in paragraph (1) [F3 (and see Title VII of Part 3 of the withdrawal agreement, Title IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act)]—

(a) Article 8(2) (exchange of supplementary information);

(b) Article 53(3) (purpose and retention period of supplementary information);

(c) Article 54 (transfer of personal data to third parties).

(3) The modifications are that—

(a) Article 53(3) is to be read as if—

(i) for the words “Paragraph 2 shall not prejudice the right of a Member State” there were substituted “ The United Kingdom may ”;

(ii) for the words “that Member State” there were substituted “ the United Kingdom ”;

(b) Article 54 is to be read as if for the words “this Decision” there were substituted “ Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) as it applied in the European Union before commencement day ”.

Textual Amendments

F1 Word in reg. 121(1)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 37(a)

F2 Reg. 121(1)(c) and word inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 37(b)

F3 Words in reg. 121(2) inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 37(c)

Commencement Information

I1 Reg. 121 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1