The Schengen Information System (SIS) constitutes an essential tool for maintaining a high level of security within the area of freedom, security and justice of the Union by supporting operational cooperation between national competent authorities, in particular border guards, the police, customs authorities, immigration authorities, and authorities responsible for the prevention, detection, investigation or prosecution of criminal offences or execution of criminal penalties. Regulation (EU) 2018/1862 of the European Parliament and of the Council (2) constitutes the legal basis for SIS in respect of matters falling within the scope of Chapters 4 and 5 of Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU).
(2)
SIS alerts contain information about a particular person or object as well as instructions for the authorities on what to do when that person or object has been located. Alerts on persons and objects entered into SIS are made available, in real time, directly to all end-users of the competent national authorities of Member States authorised to search SIS pursuant to Regulation (EU) 2018/1862. The European Union Agency for Law Enforcement Cooperation (Europol) established by Regulation (EU) 2016/794 of the European Parliament and of the Council (3), national members of the European Union Agency for Criminal Justice Cooperation (Eurojust) established by Regulation (EU) 2018/1727 of the European Parliament and of the Council (4), and the teams of the European Border and Coast Guard established by Regulation (EU) 2019/1896 of the European Parliament and of the Council (5) are also authorised to access and search data in SIS pursuant to their respective mandates and in accordance with Regulation (EU) 2018/1862.
(3)
Europol plays an important role in the fight against serious crime and terrorism by providing analyses and threat assessments to support the investigations by competent national authorities. Europol fulfils that role also by means of using SIS and in the exchange of supplementary information with Member States on SIS alerts. The fight against serious crime and terrorism should be subject to continuous coordination among the Member States on the processing of data and on the entering of alerts into SIS.
(4)
Given the global nature of serious crime and terrorism, the information that third countries and international organisations obtain about perpetrators of serious crime and terrorism and persons suspected of serious crime and terrorism is increasingly relevant for the Union’s internal security. Some of that information, in particular where the person concerned is a third-country national, is shared only with Europol, which processes the information and shares the result of its analyses with Member States.
(5)
The operational need to make verified information provided by a third country available to frontline officers, in particular to border guards and police officers, is widely acknowledged. However, the relevant end-users in the Member States do not always have access to that valuable information because, among other reasons, Member States are not always able to enter alerts into SIS on the basis of such information due to national law.
(6)
In order to bridge the gap in sharing information on serious crime and terrorism, in particular on foreign terrorist fighters, where the monitoring of their movement is crucial, it is necessary to ensure that, upon a proposal by Europol, Member States are able to enter information alerts into SIS on third-country nationals in the interest of the Union, in order to make that information provided by third countries and international organisations available, directly and in real time, to front-line officers in Member States.
(7)
To that end, a specific category of information alerts on third-country nationals in the interest of the Union (‘information alerts’) should be created in SIS. Such information alerts should be entered into SIS by the Member States at their discretion and subject to their verification and analysis of the proposal by Europol in the interest of the Union on third-country nationals, in order to inform end-users carrying out a search in SIS that the person concerned is suspected of being involved in a criminal offence in respect of which Europol is competent, and in order for Member States and Europol to obtain confirmation that the person who is the subject of the information alert has been located and to obtain further information in accordance with Regulation (EU) 2018/1862, as amended by this Regulation.
(8)
In order for the Member State to which Europol proposed the entry of an information alert to assess whether a particular case is adequate, relevant and important enough to warrant the entry of that information alert into SIS, and in order to confirm the reliability of the source of information and the accuracy of the information on the person concerned, Europol should share all of the information that it holds on the case, except for information which has clearly been obtained in obvious violation of human rights. Europol should share, in particular, the outcome of cross-checking the data against its databases, information relating to the accuracy and reliability of the data and its analysis of whether there are sufficient grounds for considering that the person concerned has committed, taken part in, or intends to commit a criminal offence in respect of which Europol is competent.
(9)
Europol should inform the Member States without delay where it has relevant additional or modified data in relation to its proposal to enter an information alert into SIS or evidence suggesting that data included in its proposal are factually incorrect or have been unlawfully stored, in order to ensure the lawfulness, completeness and accuracy of SIS data. Europol should also transmit to the issuing Member State without delay additional or modified data in relation to an information alert that was entered into SIS upon its proposal, in order to allow the issuing Member State to complete or modify the information alert. Europol should act, in particular, if it becomes aware that the information received from the authorities of a third country or international organisation was incorrect or was communicated to Europol for unlawful purposes, for example if sharing the information on the person was motivated by political reasons.
(10)
Regulations (EU) 2016/794 and (EU) No 2018/1725 (6) of the European Parliament and of the Council should apply to the processing of personal data by Europol when carrying out its responsibilities under this Regulation.
(11)
The preparations for the implementation of information alerts should not have an impact on the use of SIS.
(12)
Since the objectives of this Regulation, namely the establishment and regulation of a specific category of alerts entered into SIS by Member States upon a proposal by Europol in the interest of the Union in order to exchange information on persons involved in serious crime or in terrorism, cannot be sufficiently achieved by the Member States, but can rather, by reason of their nature, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
(13)
This Regulation fully respects fundamental rights and observes the principles enshrined in the Charter of Fundamental Rights of the European Union (the ‘Charter’) and in the TEU. In particular, this Regulation fully respects the protection of personal data in accordance with Article 16 TFEU, Article 8 of the Charter and the applicable data protection rules. This Regulation also seeks to ensure a safe environment for all persons residing on the territory of the Union.
(14)
In accordance with Articles 1 and 2 of Protocol No 22 on the Position of Denmark annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.
(15)
Ireland is taking part in this Regulation in accordance with Article 5(1) of Protocol No 19 on the Schengen acquis integrated into the framework of the European Union, annexed to the TEU and to the TFEU, and Article 6(2) of Council Decision 2002/192/EC (7) and Council Implementing Decision (EU) 2020/1745 (8).
(16)
As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (9), which fall within the area referred to in Article 1, point (G), of Council Decision 1999/437/EC (10).
(17)
As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (11), which fall within the area referred to in Article 1, point (G), of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/149/JHA (12).
(18)
As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (13), which fall within the area referred to in Article 1, point (G), of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/349/EU (14).
(19)
As regards Bulgaria and Romania, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession and should be read in conjunction with Council Decisions 2010/365/EU (15) and (EU) 2018/934 (16).
(20)
As regards Croatia, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2011 Act of Accession and should be read in conjunction with Council Decision (EU) 2017/733 (17).
(21)
Concerning Cyprus, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession.
(22)
The European Data Protection Supervisor was consulted, in accordance with Article 41(2) of Regulation (EU) 2018/1725.
(23)
Regulation (EU) 2018/1862 should therefore be amended accordingly,
