EN Official Journal of the European Union CE 84/158

(2004/C 84 E/0196)

WRITTEN QUESTION E-0078/04

by Proinsias De Rossa (PSE) to the Commission

(20 January 2004)

Subject: Schengen Information System and missing persons

In its reply to my written question No E-3222/03 (1), the Commission says that as regards the recommendation made at the European Conference on Preventing and Combating Trafficking in Human Beings held in Brussels in September 2002, that a feasibility study be conducted on the establishment of a European database for missing persons, a recommendation reiterated by the European Parliament in its resolution on the Daphne II programme (P5_TA(2003)0366- A5-0280/2003), the possibility of searching for missing people and children in particular already exists under the Schengen Information System (SIS) and that this possibility will be maintained with the development of the second generation of the SIS.

Could the Commission indicate which Member States utilise this facility and outline what conclusions have been reached as regards its effectiveness?

Answer given by Mr Vitorino on behalf of the Commission

(20 February 2004)

Article 97 of the Convention implementing the Schengen Agreement of 14 June 1985 (2) (here after referred to as ‘the Convention’) stipulates: ‘Data on missing persons or persons who, for their own protection or in order to prevent threats, need temporarily to be placed under police protection at the request of the competent authority or the competent judicial authority of the Party issuing the alert shall be entered, so that the police authorities may communicate their whereabouts to the Party issuing the alert or may move the persons to a safe place in order to prevent them from continuing their journey, if so authorised by national law. This shall apply in particular to minors and persons who must be interned following a decision by a competent authority. The communication of data on a missing person who is of age shall be subject to the person's consent.’

According to Article 101 of the Convention, access to these data shall be reserved exclusively to the authorities responsible for border checks and for other police and customs checks carried out within the country, as well as to the authorities responsible for the coordination of such checks.

Since the Parties of the Convention are responsible for the management of the Schengen Information System (SIS), they are in a position to draw conclusions as regards its effectiveness. However, the Commission was informed that about 33 000 persons were reported in the SIS further to Article 97 of the Convention by the end of 2003. About 50 % percent of these persons were minors. The possibility of circulating data on missing persons under Article 97 was used by all Schengen States, but especially by Germany, Spain, France, Italy and Portugal.

The Council addressed the issue of a European database for missing persons in its conclusions of 8 May 2003 in the Brussels Declaration on Preventing and Combating Trafficking in Human Beings (3) taking into consideration the development of the SIS II. The Commission can confirm that the SIS II will be able to include data on missing persons.

(1) OJ C 78 E, 27.3.2004, p. 493.

(2) OJ L 239, 22.9.2000.

(3) OJ C 137, 12.6.2003.