Proposal for a Council Decision on the establishment, operation and use of the second generation Schengen information system (SIS II)
Date: 2005-05-31
Institutions: European Commission
Subjects: European Commission, Schengen Agreement, Schengen Information System, competence of the institution, police cooperation, public safety

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.5.2005 
COM(2005) 230 final 

2005/0103 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the establishment, operation and use of the second generation Schengen information 
system (SIS II)  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL  

1.1. 

Grounds for and objectives of the proposal 

General objective 

The  main  objective  of  this  Decision,  together  with  the  Regulation  on  the  establishment, 
operation and use of the second generation of the Schengen Information System (hereinafter 
referred  to  as  the  “SIS  II”)  based  on  Title  IV  of  the  Treaty  establishing  the  European 
Community (hereinafter referred to as “EC Treaty”) is to establish the legal framework that 
shall  govern  the  SIS  II.  The  availability  of  the  SIS  II  as  a  compensatory  measure  that 
contributes to maintain a high level of security within an area without internal border controls 
is crucial so that the new Member States can fully apply the Schengen acquis and that their 
citizens can benefit from all the advantages of an area of free movement.  

In this context, the Council laid down in December 2001 the first foundations for the SIS II by 
assigning its technical development to the Commission and allocating the necessary financial 
resources  from  the  Budget  of  the  European  Union1.  This  Decision  together  with  the 
aforementioned  Regulation  (hereinafter  referred  to  as  the  “Regulation”)  represent  now  the 
second  legal  step,  both  instruments  lay  down  common  provisions  on  the  architecture, 
financing, responsibilities and general data processing and data protection rules for the SIS II. 
Apart  from  these  common  rules,  this  Decision  contains  specific  provisions  regarding  the 
processing of SIS II data for supporting police and  judicial  cooperation  in  criminal  matters, 
while the Regulation rules on the processing of SIS II data supporting the implementation of 
policies  linked  to  the  movement  of  persons  which  are  part  of  the  Schengen  acquis  (e.g. 
external borders and visa). 

Specific objectives 

This  Decision,  as  well  as  the  Regulation,  is  largely  based  on  the  current  provisions  on  the 
Schengen  Information  System  (hereinafter  referred  to  as  the  “SIS”)  contained  in  the 
Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between 
the  governments  of  the  States  of  the  Benelux  economic  union,  the  Federal  Republic  of 
Germany  and  the  French  Republic  on  the  gradual  abolition  of  checks  at  their  common 
borders2 (hereinafter referred to as the “Schengen Convention”) taking also into account the 
Conclusions  of  the  Council  and  the  Resolutions  of  the  European  Parliament  on  SIS  II3.  In 
addition,  this  Decision  also  aims  at  better  aligning  the  SIS  legal  framework  with  European 
Union law and enlarge the use of the SIS II, in particular, in the following areas:  

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Regulation EC No 2424/2001 and Decision 2001/886/JHA on the development of the second generation 
of the Schengen Information System. 
Articles 92 to 119 of the Schengen Convention (OJ L 239, 22.09.2000, p.19) taking into account also 
the  amendments  to  be  entered  in  the  Convention  following  the  adoption  of  the  Council  Decision 
2005/211/JAI  concerning  the  introduction  of  some  new  functions  for  the  SIS,  including  in  the  fight 
against terrorism, OJL68 15/03/05, p.44. 
Council Conclusions on SIS II of 5-6 June 2003, 29 April and 14 June 2004 and European Parliament’s 
Opinions and Resolutions T4-0082/1997, T5-0610/2002, T5-0611/2002, T5-0391/2003, T5-0392/2003 
and T5-0509/2003. 

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The  European  Arrest  Warrant.  This  Decision  provides  for  the  processing  (e.g. 
entering  and  sharing)  of  data  necessary  for  the  effective  implementation  of  the 
Framework  Decision  on  the  European  Arrest  Warrant  and  surrender  procedure 
between Member States. These data will be directly available in the SIS II improving 
therefore the current situation where these data are only exchanged bilaterally. 

Better  data  quality  and  improved  identification  performance.  This  Decision  lays 
down the possibility, subject to the consent of the individual, of entering in the SIS II 
information  on  persons  whose  identity  has  been  abused  in  order  to  avoid  further 
inconveniences  caused  by  misidentifications.  This  Decision  also  allows  for  the 
processing  of  biometrics  that  will  result  in  more  accurate  identifications  and 
improved quality of the personal data entered in the system.  

Data  protection.  In  order  to  ensure  consistent  and  homogeneous  application  of  the 
data protection rules regarding the SIS II, this Decision provides for the application 
of  Regulation  (EC)  45/2001  on  the  protection  of  individuals  with  regard  to  the 
processing  of  personal  data  and  entrusts  the  European  Data  Protection  Supervisor 
with  the  monitoring  of  the  personal  data  processing  activities  related  to  the  SIS  II 
carried  out  by  the  Commission  in  accordance  with  this  Decision.  The  advantage  is 
that the same body will be competent for all Commission’s data processing activities 
under  both  the  first  and  third  pillar.  This  Decision  provides  that  the  Council  of 
Europe Convention No 108 of 28 January 1981 for the Protection of Individuals with 
regard  to  Automatic  Processing  of  Personal  Data  must  be  respected  by  Member 
States when processing SIS II data in the context of this Decision.4 

Transfer  of  personal  data  to  a  third  party  or  country.  This  Decision  foresees  the 
possibility  of  transferring  SIS  II  personal  data  to  third  countries  or  international 
organisations  subject  to  the  appropriate  legal  instruments,  however,  this  possibility 
remains as an exception to the general rule. 

Inter-governmental origin of the current SIS provisions. These provisions developed 
in  an  inter-governmental  framework  will  be  replaced  by  classic  European  law 
instruments.  The  advantage  is  that  the  different  European  Union  institutions 
(hereinafter  referred  to  as  the  “EU  institutions”)  will  be  this  time  associated  in  the 
adoption  and  implementation  of  these  new  instruments  and  the  legal  value  of  the 
rules governing the SIS will be reinforced.  

Operational management of the SIS II. This Decision entrusts the Commission with 
the  operational  management  of  the  system.  The  operational  management  of  the 
Central Part of the current SIS is carried out by one Member State.  

When the Commission will have proposed the necessary instrument regarding the protection of personal 
data in the framework of Title VI of the Treaty on the European Union, it will be necessary to replace 
the reference to Convention No 108 in order to apply this new instrument to the processing of personal 
data carried out in application of this Decision. 

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1.2. 

General context  

The SIS 

The  progressive  establishment  of  an  area  of  freedom,  security  and  justice  involves  the 
creation of an area without internal frontiers. To this end, Article 61 of the EC Treaty requires 
the adoption of measures aimed at ensuring the free movement of persons, in accordance with 
Article  14  of  the  EC  Treaty,  in  conjunction  with  flanking  measures  on  external  border 
controls, asylum and immigration, as well as measures to prevent and combat crime. 

The SIS is a common information system allowing the competent authorities in the Member 
States to cooperate, by exchanging information for the implementation of the various policies 
required  in  order  to  establish  an  area  without  internal  border  controls.  It  allows  these 
authorities, through an automatic query procedure, to obtain information related to alerts on 
persons  and  objects.  The  information  obtained  is  used,  in  particular,  for  police  and  judicial 
cooperation in criminal matters as well as for controls of persons at the external borders or on 
national territory and for the issuance of visas and residence permits. The SIS, therefore, is an 
indispensable component of the Schengen area for applying the Schengen provisions on the 
movement of persons and in ensuring a high level of security in this area. Consistency with a 
wide range of policies linked to control of external borders, visa, immigration and also police 
and judicial cooperation in criminal matters is, therefore, essential. 

Existing provisions and related proposals  

Articles  92  –  119  of  the  Schengen  Convention  are  the  basic  legal  provisions  governing  the 
SIS. Adopted in an inter-governmental framework, they were incorporated in the institutional 
and  legal  framework  of  the  European  Union  following  the  entry  into  force  of  the  Treaty  of 
Amsterdam.  

This Decision is tabled together with a Regulation on the establishment, operation and use of 
the SIS II, based on Title IV of the EC Treaty. A third proposal based on Title V EC Treaty 
(Transport) regarding the specific issue of access to the SIS II by the authorities and services 
in  the  Member  States  responsible  for  issuing  registration  certificates  for  vehicles  will 
complete these two proposals.  

This Decision and the Regulation based on Title IV of the EC Treaty, will replace Articles 92-
119  of  the  Schengen  Convention  and  the  Decisions  and  Declarations  of  the  Schengen 
Executive Committee which are related to the SIS.  

In  addition,  this  Decision  will  also  repeal  Council  Decision  2004/201/JHA  of  19  February 
2004 on procedures for amending the SIRENE Manual5. 

Calendar 

The  legal  instruments  regulating  the  SIS  II  should  be  adopted  in  due  time  for  allowing  the 
necessary  preparations  to  this  new  system  and,  in  particular,  the  migration  from  the  current 
system to the SIS II. 

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O J L 64, 02.03.2004, pp. 45. 

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2. 

LEGAL ASPECTS 

2.1. 

Legal basis 

The Schengen acquis, including the SIS, was integrated in the EU framework on 1 May 1999 
by  the  Protocol  annexed  to  the  Amsterdam  Treaty.  The  Council  defined  the  parts  of  the 
Schengen acquis integrated in the Union framework in its Decision  of 20 May 1999.  These 
included  the  arrangements  regarding  the  SIS  i.e.  Articles  92  to  119  of  the  Schengen 
Convention and the relevant Executive Committee decisions and declarations. 

Council Decision 1999/436/EC of 20 May 19996 determined the legal basis in the Treaties for 
each  of  the  provisions  or  decisions  which  constitute  the  Schengen  acquis.  Nevertheless,  the 
Council  did  not  reach  a  decision  on  the  provisions  regarding  the  SIS.  Therefore,  the 
provisions of the Schengen acquis concerning the SIS are regarded as acts based on Title VI 
of  the  Treaty  on  European  Union  (hereinafter  referred  to  as  “EU  Treaty”)  on  the  basis  of 
Article 2 (1) of the Schengen Protocol. However, under Article 5 (1) of the Protocol, any new 
proposal concerning the Schengen acquis must be based on the appropriate legal basis in the 
Treaties. 

The legal bases for this Decision are Articles 30 (1) (a) and (b), Article 31 (1) (a) and (b) and 
Article 34 (2) (c) of the EU Treaty.  

This  proposal  falls  under  Article  30  (1)  (a)  of  the  EU  Treaty  as  it  aims  at  improving 
operational  cooperation  between  the  competent  authorities  in  relation  to  the  prevention  and 
detection  of  criminal  offences  and  under  Article  30  (1)  (b)  as  it  regulates  the  collection, 
storage, processing, and exchange of relevant information.  

This proposal also aims at facilitating cooperation between judicial or equivalent authorities 
of  the  Member  States  in  relation  to  criminal  proceedings  and  the  enforcement  of  criminal 
decisions, and therefore it falls as well under Article 31 (1) (a) of the EU Treaty. Article 31 
(1) (b) is relevant to the extent that this proposal intends to facilitate extradition and surrender 
between Member States. 

2.2. 

Subsidiarity and proportionality 

In accordance with the principle of subsidiarity, the objective of the proposed action, namely 
the  sharing  of  information  regarding  certain  categories  of  persons  and  objects,  through  a 
computerised  information  system,  cannot  be  sufficiently  achieved  by  the  Member  States. 
Because of the very nature of a common information system and by reason of the scale and 
impact of the action, it can be better achieved at the level of the European Union. The present 
initiative does not go beyond what is necessary to achieve its objective. 

The  activities  of  the  Commission  are  limited  to  the  operational  management  of  the  SIS  II 
comprising  a  central  database,  national  access  points  and  the  communication  infrastructure 
connecting both. Member States are competent for the national systems , for their connection 
to the SIS II and will enable the competent authorities to process SIS II data. The consultation 
of the data is restricted to competent authorities of each Member State, specified for each of 
the purposes as defined in this Decision and limited to the extent that the data are required for 
the performance of the tasks in accordance with these purposes.  

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OJ L 176, 10.7.1999, p. 17. 

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2.3. 

Choice of instruments 

The use of a Decision as the act is warranted in view of the need to apply common rules, in 
particular in relation to the processing of data in the system. A framework decision is not the 
appropriate  instrument  because  the  proposal  involves  no  approximation  of  the  laws  of  the 
Member States. 

2.4. 

Participation in the SIS II 

This Decision has its legal basis in Title VI of the EU Treaty and constitutes a development of 
the  Schengen  acquis.  It  must,  therefore,  be  proposed  and  adopted  in  compliance  with  the 
Protocols annexed to the Amsterdam Treaty on the position of the United Kingdom, Ireland 
and the Protocol integrating the Schengen acquis into the framework of the European Union. 

a) United Kingdom and Ireland  

The proposed Decision develops the provisions of the Schengen acquis, in which the United 
Kingdom  and  Ireland  participate,  in  accordance  with  Council  Decision  2000/365/EC  of  29 
May  2000  concerning  the  request  of  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland  to  take  part  in  some  of  the  provisions  of  the  Schengen  acquis7,  and  with  Council 
Decision 2002/192/EC of 28 February 2002, concerning Ireland’s request to take part in some 
of the provisions of the Schengen acquis8.  

b) Norway and Iceland 

In addition, in accordance with the first paragraph of Article 6 of the Protocol integrating the 
Schengen acquis, an Agreement was  signed  on  18  May  1999  between  the  Council,  Norway 
and Iceland in order to associate those two countries with the implementation, application and 
development of the Schengen acquis. 

Article  1  of  the  Agreement  provides  that  Norway  and  Iceland  are  to  be  associated  with  the 
activities of the  European Community and the European Union in the  fields covered by the 
provisions referred to in Annexes A (provisions of the Schengen acquis) and B (provisions of 
European Community acts which have replaced corresponding provisions of or were adopted 
pursuant to the Schengen Convention) to the Agreement and further developments. 

Pursuant  to  Article  2,  the  acts  and  measures  adopted  by  the  European  Union  to  amend  or 
supplement  the  Schengen  acquis  which  has  been  integrated  (Annexes  A  and  B)  are 
implemented  and  applied  by  Norway  and  Iceland.  The  proposal  presented  develops  the 
Schengen acquis, as defined in Annex A to the Agreement. 

c) New Member States 

Since the initiative constitutes an act building upon the Schengen acquis or otherwise related 
to it within the meaning of Article 3(2) of the Act of Accession, the Decision shall only apply 
in a new Member State pursuant to a Council Decision in conformity with this provision. 

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OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 

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d) Switzerland 

As  regards  Switzerland,  this  Decision  constitutes  a  development  of  the  provisions  of  the 
Schengen  acquis  within  the  meaning  of  the  Agreement  signed  by  the  European  Union,  the 
European  Community  and  the  Swiss  Confederation  on  the  latter's  association  with  the 
implementation, application and development of the Schengen acquis9 which falls within the 
area  referred  to  in  Article  1,  point  G  of  Council  Decision  1999/437/EC  read  in  conjunction 
with  Article  4  (1)  of  the  Council  decision  2004/849/EC  on  the  signing,  on  behalf  of  the 
European Union, and on the provisional application of certain provisions of this Agreement10. 

3. 

BUDGETARY IMPLICATIONS 

Council  Regulation  (EC)  No  2424/2001  and  Council  Decision  2001/886/JHA  on  the 
development of the second generation of the Schengen Information System11 laid down that 
the expenditure involved in the development of the SIS II is to be charged to the budget of the 
European Union. The present proposal establishes that the cost incurred for the operation of 
the  SIS  II  shall  continue  to  be  covered  by  the  budget  of  the  European  Union.  Although  the 
biggest  expenditure  will  be  made  during  the  development  phase  (design,  construction  and 
testing  of  the  SIS  II),  the  operational  phase,  starting  in  2007,  will  constitute  a  long-term 
budgetary commitment that must be examined in the light of the new financial perspectives. 
Adequate human and financial resources will have to be allocated to the Commission, which 
is  responsible  for  the  operational  management  of  the  system  during  a  first  transitional  or 
interim  phase.  For  the  mid  to  long-term  the  Commission  will  assess  the  different 
externalisation options, taking into account the synergy effects resulting from the operation of 
several  other  large-scale  IT  systems  such  as  the  VIS  (Visa  Information  system)  and 
EURODAC.  

The  Commission  has  prepared  a  common  financial  statement  annexed  to  the  Regulation 
proposed under Title IV of the EC Treaty.  

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Council document 13054/04. 
OJ L 368, 15.12.2004, p.26. 
OJ L 328 of 13.12.2001, p. 1. 

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2005/0103 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the establishment, operation and use of the second generation Schengen information 
system (SIS II)  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union, and in particular Article 30 (1) (a) and (b), 
Article 31 (1) (a) and (b) and Article 34 (2) (c) thereof, 

Having regard to the proposal from the Commission12, 

Having regard to the opinion of the European Parliament13, 

Whereas: 

(1) 

(2) 

(3) 

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17 

The Schengen information system (hereinafter referred to as “SIS”) set up pursuant to 
the  provisions  of  Title  IV  of  the  Convention  of  19  June  1990  implementing  the 
Schengen  Agreement  of  14  June  1985  between  the  governments  of  the  States  of  the 
Benelux economic union, the Federal Republic of Germany and the French Republic 
on the gradual abolition of checks at their common borders14 (hereinafter referred to as 
the  “Schengen  Convention”),  constitutes  an  essential  tool  for  the  application  of  the 
provisions  of  the  Schengen  acquis  as  integrated  into  the  framework  of  the  European 
Union. 

The development of the second generation of the SIS (hereinafter referred to as “SIS 
II”)  has  been  entrusted  to  the  Commission  pursuant  to  Council  Regulation  (EC)  No 
2424/200115  and  Council  Decision  2001/886/JHA16  of  6  December  2001  on  the 
development of the second generation Schengen Information System (SIS II). The SIS 
II will replace the SIS as established by the Schengen Convention. 

This  Decision  constitutes  the  necessary  legislative  basis  for  governing  the  SIS  II  in 
respect  of  matters  falling  within  the  scope  of  the  Treaty  on  European  Union 
(hereinafter  referred  to  as  the  “EU  Treaty”).  Regulation  (EC)  No  2006/XX  of  the 
European Parliament and of the Council of the European Union on the establishment, 
operation  and  use  of  the  SIS  II17  constitutes  the  necessary  legislative  basis  for 

OJ C , , p. . 
OJ C , , p. . 
OJ L 239, 22.9.2000, p. 19. Convention as last amended by Council Decision 2005/211/JHA. 
OJ L 328, 13.12.2001, p. 4. 
OJ L 328, 13.12.2001, p. 1. 
OJ L... 

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governing  the  SIS  II  in  respect  of  matters  falling  with  the  scope  of  the  Treaty 
establishing the European Community (hereinafter referred to as the “EC Treaty”). 

The  fact  that  the  legislative  basis  necessary  for  governing  the  SIS  II  consists  of 
separate instruments does not affect the principle that the SIS II constitutes one single 
information  system  that  should  operate  as  such.  Certain  provisions  of  these 
instruments should therefore be identical.  

The  SIS  II  should  constitute  a  compensatory  measure  contributing  to  maintaining  a 
high level of security within an area without internal border controls between Member 
States  by  supporting  operational  cooperation  between  police  authorities  and  judicial 
authorities in criminal matters  

It is necessary to specify the objectives of the SIS II and to lay down rules concerning 
its  operation,  use  and  responsibilities,  including  technical  architecture  and  financing, 
categories of data to be entered into the system, the purposes for which they are to be 
entered,  the  criteria  for  their  entry,  the  authorities  authorised  to  access  it,  the 
interlinking  of  alerts  and  further  rules  on  data  processing  and  the  protection  of 
personal data. 

The  expenditure  involved  in  the  operation  of  the  SIS  II  should  be  charged  to  the 
budget of the European Union.  

It  is  appropriate  to  establish  a  manual  setting  out  detailed  rules  for  the  exchange  of 
supplementary  information  in  relation  with  the  action  required  by  the  alert.  National 
authorities in each Member States should ensure the exchange of this information. 

The Commission should be responsible for the operational management of the SIS II 
in  particular  in  order  to  ensure  a  smooth  transition  between  the  development  of  the 
system and the start of its operations.  

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10)  The  SIS  II  should  contain  alerts  on  persons  wanted  for  arrest  and  surrender  or 
extradition.  In  addition  to  alerts,  it  is  appropriate  to  include  in  the  SIS  II  additional 
data which is necessary for the surrender and extradition procedures. In particular, data 
referred to in Article 8 of the Council Framework Decision 2002/584/JHA of 13 June 
2002 on the European Arrest Warrant and the surrender procedures between Member 
States18 should be processed in the SIS II. 

(11) 

It should be possible to add to the SIS II a translation of the additional data entered for 
the  purpose  of  surrender  under  the  European  Arrest  Warrant  and  for  the  purpose  of 
extradition.  

(12)  The  SIS  II  should  contain  alerts  on  missing  persons  to  ensure  their  protection  or 
prevent threats, alerts on persons wanted for judicial procedure, alerts on persons and 
objects for discreet surveillance or specific checks and alerts on objects for seizure or 
use as evidence in criminal proceedings.  

(13) 

It is appropriate to lay down maximum conservation periods for each category of alerts 
that can only be exceeded if necessary and proportionate for fulfilling the purpose of 

18 

OJ L 190, 18.07.2002, p. 1. 

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the  alert.  As  a  general  rule,  alerts  should  be  erased  from  the  SIS  II  as  soon  as  the 
action requested by the alert is taken. 

(14) 

It should be possible to keep in SIS II alerts on persons wanted for arrest and surrender 
or extradition as well as persons wanted in order to ensure protection or prevent threats 
and  persons  wanted  for  judicial  procedure  for  a  maximum  of  10  years,  given  the 
importance of these alerts for maintaining public security in the Schengen area.  

(15)  The  SIS  II  should  permit  the  processing  of  biometric  data  in  order  to  assist  in  the 
reliable identification of individuals concerned. In the same context, the SIS II should 
also allow for the processing of data of individuals whose identity has been misused in 
order  to  avoid  inconveniences  caused  by  their  misidentification,  subject  to  suitable 
safeguards, in particular the consent of the individual concerned and a strict limitation 
of the purposes for which such data can be lawfully processed. 

(16) 

It should be possible for a Member State to add an indication, called a flag, to an alert, 
to the effect that the action to be taken on the basis of the alert will not be taken on its 
territory. When alerts are issued for the purpose of arrest and surrender, the use of the 
flag  should  be  brought  into  line  with  Framework  Decision  2002/584/JHA.  The 
decision  to  add  a  flag  to  an  alert  should  only  be  taken  by  the  competent  judicial 
authority  and  should  only  be  based  on  the  grounds  for  refusal  contained  in  that 
Framework Decision.  

(17)  The SIS II should offer Member States the possibility to establish links between alerts. 
The establishment of links by a Member State between two or more alerts should have 
no impact on the action to be taken, the conservation period or the access rights to the 
alerts. 

(18) 

It is appropriate to strengthen the cooperation between the European Union and third 
countries or international organisations in the field of police and judicial cooperation 
by promoting an efficient exchange of information. Where personal data is transferred 
from the SIS II to a third party, these personal data should be subject to an adequate 
level of protection by the third party, guaranteed by an agreement. 

(19)  All Member States have ratified the Council of Europe Convention of 28 January 1981 
for the protection of individuals with regard to automatic processing of personal data. 
Article  9  of  that  Convention  allows  exceptions  and  restrictions  to  the  rights  and 
obligations  it  provides,  within  certain  limits.  The  personal  data  processed  in  the 
context of the implementation of this Decision should be protected in accordance with 
the principles of that Convention. The principles set out in the Convention should be 
supplemented or clarified in this Decision where necessary. 

(20)  The  principles  contained  in  Recommendation  N°  R  (87)  15  of  the  Committee  of 
Ministers  of  the  Council  of  Europe  of  17  September  1987  regulating  the  use  of 
personal data in the police sector should be taken into account when personal data is 
processed by police authorities in application of this Decision.  

(21)  Regulation  (EC)  No  45/2001  of  the  European  Parliament  and  of  the  Council  of  18 
December  2000  on  the  protection  of  individuals  with  regard  to  the  processing  of 

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personal data by the Community institutions and bodies and on the free movement of 
such data19 applies to the processing of personal data by the Commission, when such 
processing is carried out in the exercise of activities all or part of which fall within the 
scope  of  Community  law.  Part  of  the  processing  of  personal  data  in  the  SIS  II  falls 
within the scope of Community law. Consistent and homogeneous application of the 
rules  regarding  the  protection  of  individuals'  fundamental  rights  and  freedoms  with 
regard  to  the  processing  of  personal  data  requires  clarification  that,  when  the 
Commission  is  processing  personal  data  in  application  of  this  Decision,  Regulation 
(EC) No 45/2001 is applicable to it. The principles set out in that Regulation should be 
supplemented or clarified in this Decision where necessary. 

(22)  National  independent  supervisory  authorities  should  monitor  the  lawfulness  of  the 
processing  of  personal  data  by  the  Member  States,  whilst  the  European  Data 
Protection Supervisor appointed by Decision 2004/55/EC of the European Parliament 
and of the Council of 22 December 2003 appointing the independent supervisory body 
provided for in Article 286 of the EC Treaty (European Data Protection Supervisor)20 
should  monitor  the  activities  of  the  Commission  in  relation  to  the  processing  of 
personal data.  

(23)  Liability  of  the  Community  arising  from  any  breach  by  the  Commission  of  this 
Decision is governed by the second paragraph of Article 288 of the EC Treaty.  

(24)  The provisions of the Convention of 26 July 1995 on the establishment of a European 
Police Office21 (hereinafter referred to as the “Europol Convention”) concerning data 
protection apply to the processing of SIS II data by Europol, including the powers of 
the  Joint  Supervisory  Body,  set  up  under  Article  24  of  the  Europol  Convention,  to 
monitor the activities of Europol and liability for any unlawful processing of personal 
data by Europol.  

(25)  The  provisions  of  Council  Decision  2002/187/JHA  of  28  February  2002  setting  up 
Eurojust  with  a  view  to  reinforcing  the  fight  against  serious  crime  22concerning  data 
protection apply to the processing of SIS II data by Eurojust, including the powers of 
the  Joint  Supervisory  Body,  set  up  under  Article  23  of  that  Decision,  to  monitor  the 
activities  of  Eurojust  and  liability  for  any  unlawful  processing  of  personal  data  by 
Eurojust.  

(26) 

In  order  to  ensure  transparency,  a  report  on  the  activities  of  the  SIS  II  and  on  the 
exchange  of  supplementary  information  should  be  produced  every  two  years  by  the 
Commission.  An  overall  evaluation  should  be  issued  by  the  Commission  every  four 
years.  

(27)  Some  aspects  of  the  SIS  II  such  as  compatibility  of  alerts,  the  adding  of  flags,  links 
between  alerts  and  exchange  of  supplementary  information  cannot  be  covered 
exhaustively by the provisions of this Decision due to their technical nature, level of 
detail and need for regular updates. Implementing powers in respect of those aspects 
should therefore be delegated to the Commission. 

19 
20 
21 
22 

OJ L 8, 12.1.2001, p.1. 
OJ L 12, 17.1.2004, p. 47. 
OJ C 316, 27.11.1995, p. 2. 
OJ L 63, 6.3.2002, p. 1. 

EN 

11 

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(28)  This Decision should define the procedure for the adoption of the measures necessary 
for its implementation. The procedure for adopting implementing measures under this 
Decision and Regulation (EC) No XX/2006 should be the same. 

(29) 

It  is  appropriate  to  lay  down  transitional  provisions  in  respect  of  alerts  issued  in  the 
SIS in accordance with the Schengen Convention, which will be transferred to the SIS 
II or alerts issued in the SIS II during a transitional period before all provisions of this 
Decision become applicable. Some provisions of the Schengen acquis should continue 
to  apply  for  a  limited  period  of  time  until  the  Member  States  have  examined  the 
compatibility of those alerts with the new legal framework.  

(30) 

It  is  necessary  to  lay  down  special  provisions  regarding  the  remainder  of  the  budget 
affected to the operations of the SIS which is not part of the budget of the European 
Union.  

(31)  Since the objectives of the action to be taken, namely the establishment and regulation 
of  a  joint  information  system,  cannot  be  sufficiently  achieved  by  the  Member  States 
and can therefore, by reason of the scale and effects of the action, be better achieved at 
the level of the European Union, the Council may adopt measures in accordance with 
the principle of subsidiarity, as set out in Article 5 of the EC Treaty and referred to in 
Article 2 of the EU Treaty. In accordance with the principle of proportionality as set 
out in Article 5 of the EC Treaty, this Decision does not go beyond what is necessary 
to achieve those objectives. 

(32)  This Decision respects the fundamental rights and observes the principles recognised, 

in particular by the Charter of Fundamental Rights of the European Union.  

(33)  The United Kingdom is taking part in this Decision, in accordance with Article 5 of 
the  Protocol  integrating  the  Schengen  acquis  into  the  framework  of  the  European 
Union annexed  to  the  EU Treaty and to the EC Treaty, and Article 8 (2) of Council 
Decision  2000/365/EC  of  29  May  2000,  concerning  the  request  of  the  United 
Kingdom of Great Britain and Northern Ireland to take part in some of the provisions 
of the Schengen acquis 23. 

(34) 

Ireland  is  taking  part  in  this  Decision  in  accordance  with  Article  5  of  the  Protocol 
integrating the Schengen acquis into the framework of the European Union annexed to 
the  EU  Treaty  and  to  the  EC  Treaty,  and  Article  6  (2)  of  Council  Decision 
2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of 
the provisions of the Schengen acquis24.  

(35)  This  Decision  is  without  prejudice  to  the  arrangements  for  the  United  Kingdom  and 
Ireland’s  partial  participation  in  the  Schengen  acquis,  as  defined  in  Decision 
2000/365/EC and 2002/192/EC, respectively. 

(36)  As  regards  Iceland  and  Norway,  this  Decision  constitutes  a  development  of  the 
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  association  of  those  two  States  with  the  implementation, 

23 
24 

OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 

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12 

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application  and  development  of  the  Schengen  acquis  which  fall  within  the  area 
referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 199925 
on certain arrangements for the application of that Agreement. 

(37)  As regards Switzerland, this Decision  constitutes  a development of the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  signed  between  the 
European  Union,  the  European  Community  and  the  Swiss  Confederation  concerning 
the  association  of  the  Swiss  Confederation  with  the  implementation,  application  and 
development of the Schengen acquis, which fall within the area referred to in Article 
1, point G of Council Decision 1999/437/EC read in conjunction with Article 4 (1) of 
the  Council  decision  2004/849/EC  on  the  signing,  on  behalf  of  the  European  Union, 
and on the provisional application of certain provisions of that Agreement26. 

(38)  This Decision constitutes an act building on the Schengen acquis or otherwise related 

to it within the meaning of Article 3 (2) of the 2003 Act of Accession, 

HAS DECIDED AS FOLLOWS : 

CHAPTER I 

General provisions 

Article 1 

1. 

2. 

1. 

Establishment and general objective of the SIS II 

A  computerised  information  system  called  the  second  generation  Schengen 
information  system  (hereinafter  referred  to  as  “SIS  II”)  is  hereby  established  to 
enable  competent  authorities  of  the  Member  States  to  cooperate  by  exchanging 
information for the purposes of controls on persons and objects.  

The  SIS  II  shall  contribute  to  maintaining  a  high  level  of  security  within  an  area 
without internal border controls between Member States. 

Article 2 

Scope  

This Decision defines the conditions and procedures for the processing of alerts and 
additional  data  related  to  them  in  the  SIS  II  and  the  exchange  of  supplementary 
information for the purposes of police and judicial cooperation in criminal matters. 

25 
26 

OJ L 176, 10.7.1999, p. 31. 
OJ L 368, 15.12.2004, p. 26 

EN 

13 

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2. 

This decision also lays down provisions on the technical  architecture of  the SIS II, 
responsibilities of the Member States and the Commission, general data processing, 
rights of individuals concerned and liability. 

Article 3 

Definitions 

1. 

For the purposes of this Decision, the following definitions shall apply: 

(a) 

(b) 

(c) 

“alert”  means  a  set  of  data  entered  in  the  SIS  II  allowing  the  competent 
authorities to identify a person or an object in view of a specific action to be 
taken; 

“supplementary  information”  means  the  information  not  stored  in  the  SIS  II, 
but connected to SIS II alerts, which is necessary in relation to the action to be 
taken; 

“additional  data”  means  the  data  stored  in  the  SIS  II  and  connected  to  SIS  II 
alerts  which  is  necessary  for  allowing  the  competent  authorities  to  take  the 
appropriate action; 

2. 

“Processing of personal data”, “processing” and “personal data” shall be understood 
in accordance with Article 2 of Directive 95/46/EC of the European Parliament and 
of the Council27. 

Article 4  

Technical architecture and ways of operating the SIS II 

1. 

The SIS II is composed of: 

(a) 

a  central  database  called  “the  Central  Schengen  Information  System” 
(hereinafter referred to as “CS-SIS”); 

(b)  one to two access points defined by each Member State (hereinafter referred to 

as “NI-SIS”); 

(c) 

a communication infrastructure between the CS-SIS and the NI-SIS. 

The National Systems of the Member States (hereinafter referred to as “NS”) shall be 
connected to the SIS II via the NI-SIS.  

Directive  95/46/EC  of  the  European  Parliament  and  of  the  Council  of  24  October  1995  on  the 
protection of  individuals  with  regard  to  the  processing of  personal  data and on  the free  movement  of 
such data, OJ L 281 23.11.1995 p. 31.  

2. 

27 

EN 

14 

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3. 

4. 

1. 

2. 

3. 

The  national  competent  authorities  referred  to  in  Article  40  (4)  shall  enter  data, 
access and perform searches in the SIS II directly or in a copy of data of the CS-SIS 
available in their NS. 

The communication infrastructure between the CS-SIS and the NI-SIS shall be used 
by Member States for the exchange of supplementary information.  

Article 5 

Costs  

The  costs  incurred  in  connection  with  the  operation  and  maintenance  of  the  SIS  II 
comprising  CS-SIS,  NI-SIS  and  the  communication  infrastructure  between  CS-SIS 
and NI-SIS shall be borne by the budget of the European Union. 

The  costs  of  developing,  adapting  and  operating  each  NS  shall  be  borne  by  the 
Member State concerned. 

Additional costs incurred as a result of the use of the copies referred to in Article 4 
(3) shall be borne by the Member States that make use of such copies. 

CHAPTER II 

Responsibilities of the Member States 

Article 6 

National Systems 

Each Member State shall be responsible for operating and maintaining its NS and connecting 
it to the SIS II. 

Article 7 

SIS II National office and SIRENE authorities 

1. 

2. 

Each  Member  State  shall  designate  an  office  which  shall  ensure  competent 
authorities’ access to the SIS II in accordance with this Decision. 

Each Member  State shall designate the authorities which shall ensure the exchange 
of  all  supplementary 
the  “SIRENE 
information,  hereinafter  referred 
authorities”. These authorities shall verify the quality of the information entered into 
the SIS II. For those purposes they shall have access to data processed in the SIS II. 

to  as 

EN 

15 

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3. 

The Member States shall inform each other and the Commission of the officereferred 
to in paragraph 1 and of the SIRENE authorities referred to in paragraph 2. 

Article 8 

Exchange of supplementary information 

Member  States  shall  exchange  all  supplementary  information  through  the  SIRENE 
authorities. Such information shall be exchanged in order to allow Member States to 
consult  or  inform  each  other  whilst  entering  an  alert,  following  a  hit,  when  the 
required  action  cannot  be  taken,  when  dealing  with  the  quality  of  SIS  II  data  and 
compatibility of alerts as well as for the exercise of the right of access. 

Detailed  rules  for  the  exchange  of  supplementary  information  shall  be  adopted  in 
accordance with the procedure defined in Article 61 in the form of a manual, to be 
called the “SIRENE Manual”. 

Article 9 

Technical Compliance 

Each  Member  State  shall  ensure  the  compatibility  of  its  NS  with  the  SIS  II  and 
observe  the  procedures  and  technical  standards  established  for  that  purpose  in 
accordance with the procedure referred to in Article 60. 

Where relevant, Member States shall ensure that the data present in the copies of the 
data of the CS-SIS database is at all times identical and consistent with the CS-SIS. 

Where relevant, Member States shall ensure a search in copies of the data of the CS-
SIS produces the same result as a search performed directly in the CS-SIS. 

1. 

2. 

1. 

2. 

3. 

Article 10 

Security and confidentiality 

1. 

Member States having access to data processed in the SIS II shall take the necessary 
measures to: 

(a) 

prevent  any  unauthorised  person  having  access  to  installations  in  which 
operations relating to the NI-SIS and NS are carried out (checks at the entrance 
to the installation);  

(b)  prevent SIS II data and data media from being accessed, read, copied, modified 

or erased by unauthorised persons (control of data media);  

EN 

16 

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(c) 

(d) 

(e) 

(f) 

(g) 

prevent  the  unauthorised  accessing,  reading,  copying,  modification  or  erasure 
of  SIS  II  data  for  the  transmission  between the NS and the SIS II (control of 
transmission); 

ensure the possibility of checking and establishing a posteriori what SIS II data 
has been recorded into, when and by whom (control of data recording);  

prevent unauthorised processing of SIS II data in the NS and any unauthorised 
modification  or  erasure  of  SIS  II  data  recorded  in  the  NS  (control  of  data 
entry);  

ensure that, in using the NS, authorised persons have access only to SIS II data 
which fall within their competence (control of access);  

ensure that it is possible to check and establish to which authorities SIS II data 
recorded in NS may be transmitted by data transmission equipment (control of 
transmission). 

(h)  monitor the effectiveness of the security measures referred to in this paragraph 

(self-auditing). 

Member States shall take measures equivalent to those referred to in paragraph 1 as 
regards security and confidentiality in respect of the exchange and further processing 
of supplementary information. 

Professional secrecy or an equivalent obligation of confidentiality shall apply to all 
persons  and  to  all  bodies  required  to  work  with  SIS  II  data  and  supplementary 
information. 

The  obligation  of  confidentiality  shall  also  apply  after  those  people  leave  office  or 
employment or after the termination of the activities of those bodies. 

Article 11 

Keeping of logs at national level 

Each Member State shall keep logs of all exchanges of data with the SIS II and its 
further processing, for the purpose of monitoring the lawfulness of data processing, 
ensuring the proper functioning of the NS, data integrity and security.  

The logs shall show, in particular, the date and time of the data transmitted, the data 
used  for  interrogation,  the  data  transmission  and  the  name  of  both  the  competent 
authority and the person responsible for processing the data. 

The logs shall be protected by appropriate measures against unauthorised access and 
erased after a period of one year, if they are not required for monitoring procedures 
which have already begun. 

The competent authorities of the Member States, in particular those in charge of the 
supervision of the processing of data in the SIS II, shall have the right to access the 

2 

3. 

1. 

2. 

3. 

4. 

EN 

17 

   EN 

 
 
logs for the purposes of monitoring the lawfulness of data processing and to ensure 
the  proper  functioning  of  the  system,  including  data  integrity  and  security.  Each 
Member  State  shall  transmit  the  findings  of  such  monitoring  to  the  Commission 
without  delay  for  the  purpose  of  integrating  them,  as  appropriate,  into  the  reports 
provided for in Article 59 (3).  

Chapter III 

Responsibilities of the Commission 

Article 12 

Operational management 

1. 

2. 

The Commission shall be responsible for the operational management of the SIS II.  

The operational management shall consist of all the tasks necessary to keep the SIS 
II  functioning  on  a  24  hours  a  day,  7  days  a  week  basis  in  accordance  with  this 
Decision, in particular the maintenance work and technical developments necessary 
for the smooth running of the system.  

Article 13 

Security and confidentiality 

With reference to the operation of the SIS II, the Commission shall apply Article 10 mutatis 
mutandis. 

Article 14 

Keeping of logs at central level 

1. 

2. 

3. 

All  processing  operations  within  the  SIS  II  shall  be  logged  for  the  purposes  of 
monitoring the lawfulness of data processing and ensuring the proper functioning of 
the system, data integrity and security. 

The  logs  shall  show,  in  particular,  the  date  and  time  of  the  operation,  the  data 
processed and the identification of the competent authority.  

The logs shall be protected by appropriate measures against unauthorised access and 
erased  after  a  period  of  one  year  following  erasure  of  the  alert  to  which  they  are 
related, if they are not required for monitoring procedures which have already begun. 

EN 

18 

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4. 

5. 

6. 

The competent national authorities, in particular those in charge of the supervision of 
processing  data  in  the  SIS  II,  shall  have  the  right  to  access  the  logs  only  for  the 
purposes  of  monitoring  the  lawfulness  of  data  processing  and  to  ensure  the  proper 
functioning of the system, including data integrity and security. . 

Such access shall be reserved to the logs relating to the processing operations carried 
out by the Member State concerned. 

The  Commission  shall  have  the  right  to  access  the  logs  only  for  the  purposes  of 
ensuring the proper functioning of the system, data integrity and security. 

The European Data Protection Supervisor shall have the right to access the logs for 
the  sole  purpose  of  monitoring  the  lawfulness  of  the  personal  data  processing 
operations performed by the Commission including data security. 

CHAPTER IV 

Alerts in respect of persons wanted for arrest and surrender or 
extradition  

Article 15 

Objectives and conditions for issuing alerts  

Alerts shall be issued in the SIS II at the request of the competent judicial authority in respect 
of  persons  wanted  for  arrest  and  surrender  on  the  basis  of  a  European  Arrest  Warrant  or  in 
respect of persons wanted for provisional arrest with a view to extradition. 

Article 16 

Additional data on persons wanted for arrest and surrender 

1. 

2. 

In addition to the alert referred to in Article 15, the issuing Member State shall enter 
into  the  SIS  II  the  data  referred  to  in  Article  8  (1)  of  Framework  Decision 
2002/584/JHA and a copy of the original of the European Arrest Warrant.  

The issuing Member State may enter a translation of the data referred to in paragraph 
1 and/or of the original of the European Arrest Warrant in one or more other official 
languages of the institutions of the European Union. 

EN 

19 

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Article 17 

Additional data on persons wanted for arrest and extradition 

1. 

In addition to the alert referred to in Article 15, the issuing Member State shall enter 
into the SIS II the following data on persons wanted for arrest and extradition:  

(a) 

the identity and nationality of the wanted person; 

(b) 

(c) 

the name, address, telephone and fax numbers and e-mail address of the issuing 
judicial authority;  

evidence of an enforceable judgment or any other enforceable judicial decision 
having the same effect; 

(d) 

the nature and legal classification of the offence; 

(e) 

a  description  of  the  circumstances  in  which  the  offence  was  committed, 
including  the  time,  place  and  degree  of  participation  in  the  offence  by  the 
wanted person;  

(f) 

the  penalty  imposed,  if  there  is  a  final  judgment,  or  the  prescribed  scale  of 
penalties for the offence under the law of the issuing Member State;  

(g) 

if possible, other consequences of the offence. 

2. 

The issuing Member State may enter a translation of the additional data referred to in 
paragraph  1  in  one  or  more  other  official  languages  of  the  institutions  of  the 
European Union. 

Article 18 

Authorities with right to access to alerts and additional data on persons wanted for arrest 

1. 

The  following  authorities  shall  have  the  right  to  access  the  alerts  referred  to  in 
Article 15, for the purposes specified :  

(a) 

police and border authorities, for the purposes of arrest; 

2. 

3. 

(b)  national  judicial  authorities  and  those  responsible  for  public  prosecutions,  for 

the purpose of criminal proceedings. 

The  European  Police  Office  (Europol)  shall  have  the  right  to  access  the  data 
contained  in  alerts  for  arrest  which  is  necessary  for  the  performance  of  its  tasks  in 
accordance with the Convention of 26 July 1995 on the establishment of a European 
Police Office (“the Europol Convention”). 

Eurojust shall have the right to access the data contained in alerts for arrest and the 
data referred in Articles 16 and 17 which is necessary for the performance of its tasks 
in accordance with Decision 2002/187/JHA.  

EN 

20 

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4. 

1. 

2. 

3. 

1. 

2. 

1. 

National judicial authorities and those responsible for public prosecutions shall have 
the  right  to  access  the  data  referred  to  in  Article  16  for  the  purpose  of  executing  a 
European Arrest Warrant and the data referred to in Article 17 for the purpose of the 
extradition procedure.  

Article 19 

Conservation period of the alerts and additional data for arrest  

Alerts issued for arrest and the additional data referred to in Articles 16 and 17 shall 
be kept in the SIS II until the wanted person has been surrendered or extradited. They 
shall only be kept for as long as the issuing Member State considers the warrant valid 
according to its national law.  

Alerts issued for arrest and the additional data referred to in Articles 16 and 17 shall 
automatically be erased after 10 years from the date of the decision giving rise to the 
alert. The Member State having entered the data in the SIS II may decide to keep it in 
the  system,  should  this  prove  necessary  for  the  purpose  for  which  the  data  was 
entered. 

Member  States  will  be  informed  systematically  one  month  before  the  automatic 
erasure of the data from the system. 

Article 20 

Flagging related to alerts on persons wanted for arrest 

When a flag has been added to an alert for arrest in accordance with Article 45 and 
the arrest cannot be made but the location of the person is known, the Member State 
which  added  the  flag  shall  regard  the  alert  as  being  an  alert  for  the  purposes  of 
communicating the place of residence of the person concerned. 

The need for maintaining a flag added to an alert on a person wanted for arrest shall 
be reviewed at least every six months by the Member State adding the flag. Member 
States may provide for a shorter review period.  

Article 21 

Flagging related to alerts for arrest and surrender 

A flag as provided for in Article 45 (1) prohibiting arrest may only be added to an 
alert  for  arrest  and  surrender  where  the  competent  judicial  authority  has  given 
authorisation on the basis of a clear and obvious ground for the non-execution of a 
European Arrest Warrant based on Framework Decision 2002/548/JHA or where the 
person has been provisionally released following arrest. 

EN 

21 

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The flag shall be added at the earliest opportunity and if possible not later than seven 
days after the alert has been issued in the SIS II. 

2. 

The prohibition on arrest and surrender shall remain effective until the flag is erased.  

A  flag  shall  be  erased  as  soon  as  the  grounds  for  non-execution  of  the  European 
Arrest Warrant have ceased to exist or the provisional release has ended. 

3. 

Paragraphs  4  and  5  of  Article  45  shall  not  apply  to  flags  related  to  alerts  for  the 
purpose of arrest and surrender. 

Article 22 

Execution of action based on an alert on a person wanted for arrest and surrender 

An alert entered in the SIS II for the purpose of arrest and surrender shall have the same effect 
as  regards  the  action  to  be  taken  as  a  European  Arrest  Warrant  issued  in  accordance  with 
Article 9 (3) of Framework Decision 2002/584/JHA.  

Chapter V 

Alerts on persons to ensure protection or prevent threats  

Article 23 

Objectives and conditions for issuing alerts  

Member States shall issue in the SIS II alerts on missing persons or persons who, for 
their own protection or in order to prevent threats, need to be placed under temporary 
police protection at the request of the competent administrative or judicial authority. 

Alerts referred to in paragraph 1 shall be issued in particular with respect to missing 
minors  and  persons  who  must  be  interned  following  a  decision  by  a  competent 
authority. 

Article 24 

Authorities with right to access to alerts  

Police  and  border  authorities  shall  have  the  right  to  access  the  alerts  referred  to  in 
Article 23 for the purpose of putting the person concerned under police protection or 
for the purpose of tracing the whereabouts of a missing person. 

1. 

2. 

1. 

EN 

22 

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2. 

1. 

2. 

3. 

1. 

2. 

3. 

National judicial  authorities, inter  alia  those  responsible  for  the  initiation  of  public 
prosecutions in criminal proceedings and judicial inquiries prior to indictment, may 
have access to the alerts referred to in Article 23, in the performance of their tasks. 

Article 25 

Conservation period of the alerts  

Alerts  issued  for  the  purpose  of  ensuring  protection  or  preventing  threats  shall  be 
erased as soon as the person is placed under police protection. 

The alerts referred to in paragraph 1 shall automatically be erased after 10 years from 
the date of the decision giving rise to the alert. The Member State having entered the 
alert  in  the  SIS  II  may  decide  to  keep  the  alert  in  the  system,  should  this  prove 
necessary for the purpose for which the alert was entered. 

Member  States  will  be  informed  systematically  one  month  before  the  automatic 
erasure of the alerts from the system.  

Article 26 

Execution of action based on an alert  

The competent authorities of the Member State where a person referred to in Article 
23  is  found  shall  communicate  the  whereabouts  of  the  person  to  the  Member  State 
information.  
exchange 
issuing 

supplementary 

alert 

the 

the 

by 

of 

The detailed rules for this exchange shall be adopted in accordance with Article 61 
and inserted in the SIRENE Manual. 

The  communication of the  whereabouts of a missing  person  who is of age shall be 
subject to that person’s consent. 

The competent authorities of the Member State where a person referred to in Article 
23 is found may move the person to a safe place in order to prevent that person from 
continuing his journey, if so authorised by national law. 

EN 

23 

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Chapter VI 

Alerts on persons wanted for judicial procedure 

Article 27 

Objectives and conditions for issuing alerts  

Member  States  shall  issue  in  the  SIS  II  alerts  on  witnesses,  persons  summoned  to  appear 
before  the  national  judicial  authorities  in  connection  with  criminal  proceedings  in  order  to 
account for acts for which they are being prosecuted, or persons who are to be served with a 
criminal judgment or a summons to report in order to serve a penalty involving deprivation of 
liberty at the request of the competent judicial authority for the purpose of ascertaining their 
place of residence or domicile. 

Article 28 

Authorities with right to access to alerts  

Police  and  border  authorities  shall  have  the  right  to  access  the  alerts  referred  to  in 
Article  27  for  the  purpose  of  ascertaining  the  place  of  residence  or  domicile  of  the 
persons concerned. 

National  judicial  authorities, inter  alia  those  responsible  for  the  initiation  of  public 
prosecutions in criminal proceedings and judicial inquiries prior to indictment, may 
have  access  to  the  alerts  referred  to  in  Article  27  which  are  necessary  for  the 
performance of their tasks.  

Eurojust  shall  have  the  right  to  access  the  data  contained  in  alerts  referred  to  in 
Article  27  which  are  necessary  for  the  performance  of  its  tasks  in  accordance  with 
Decision 2002/187/JHA.  

Article 29 

Conservation period of alerts  

Alerts referred to in Article 27 shall be  erased as soon as the place of residence or 
domicile of the person concerned has been ascertained. 

Alerts referred to in Article 27 shall automatically be erased after 10 years from the 
date  of  the  decision  giving  rise  to  the  alert.  The  Member  State  having  entered  the 
alert  in  the  SIS  II  may  decide  to  keep  the  alert  in  the  system,  should  this  prove 
necessary for the purpose for which the alert was entered. 

1. 

2. 

3. 

1. 

2. 

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3. 

Member  States  will  be  informed  systematically  one  month  before  the  automatic 
erasure of the alerts from the system. 

Article 30 

Execution of the action based on an alert  

1. 

2. 

The competent authorities of the Member State where a person referred to in Article 
27 is found shall communicate the place of residence or domicile of the person to the 
Member State issuing the alert by the exchange of supplementary information.  

The  detailed  rules  for  this  exchange  shall  be  adopted  in  accordance  with  the 
procedure defined in Article 61 and inserted in the SIRENE Manual.  

Chapter VII 

Alerts on persons and objects for discreet surveillance or specific 
checks 

Article 31 

Objectives and conditions for issuing alerts  

1. 

2. 

At the request of the competent judicial or administrative authority, Member States 
shall,  for  the  purposes  of  prosecuting  criminal  offences  and  for  the  prevention  of 
threats  to  public  security,  issue  in  the  SIS  II  alerts  on  persons  or  vehicles,  boats, 
aircrafts and containers for the purpose of discreet surveillance or of specific checks 
in the following circumstances: 

(a)  where there is clear evidence that the person concerned intends to commit or is 

committing numerous and extremely serious criminal offences or  

(b)  where an overall assessment of the person concerned, in particular on the basis 
of  past  criminal  offences,  gives  reason  to  suppose  that  that  person  will  also 
commit extremely serious criminal offences in the future. 

Member  States  may  issue  alerts  in  the  SIS  II,  at  the  request  of  the  authorities 
responsible for national security, where there is clear evidence that the information 
referred to in Article 32 is necessary in order to prevent a serious threat by the person 
concerned  or  other  serious  threats  to  internal  or  external  national  security.  The 
Member State issuing the alert shall inform the other Member States thereof by the 
exchange of supplementary information. The detailed rules for this exchange shall be 
adopted  in  accordance  with  the  procedure  defined  in  Article  61  and  inserted  in  the 
SIRENE Manual. 

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Article 32 

Collection and exchange of supplementary information for alerts  

1. 

In cases of alerts for discreet surveillance, the competent authorities of the Member 
States which carry out border checks or other police and customs checks within the 
country may collect and communicate to the authority issuing the alert all or some of 
the following information: 

(a) 

the  fact  that  the  person  for  whom,  or  the  vehicle  for  which  an  alert  has  been 
issued has been found; 

(b) 

the place, time or reason for the check; 

(c) 

the route and destination of the journey; 

(d) 

the  persons  accompanying  the  persons  concerned  or  the  occupants  of  the 
vehicle; 

(e) 

the vehicle used; 

(f) 

objects carried; 

2. 

3. 

4. 

1. 

2. 

(g) 

the circumstances under which the person or the vehicle was found. 

The information referred to in paragraph 1 shall be communicated by the exchange 
of supplementary information. The detailed rules for this exchange shall be adopted 
in accordance with the procedure defined in Article 61 and inserted in the SIRENE 
Manual. 

For the collection of the information referred to in paragraph 1, Member States shall 
take the necessary steps not to jeopardise the discreet nature of the surveillance. 

During the specific checks referred to in Article 31, persons, vehicles, boats, aircraft, 
containers and objects carried may be searched in accordance with national law for 
the purposes referred to in that Article. If specific checks are not authorised under the 
law of a Member State, they shall automatically be replaced, in that Member State, 
by discreet surveillance. 

Article 33 

Authorities with right to access to alerts  

Police,  border  and  customs  authorities  shall  have  the  right  to  access  to  the  alerts 
referred  to  in  Article  31  for  the  purpose  of  performing  discreet  surveillance  or 
specific checks. 

National  judicial  authorities,  inter  alia  those  responsible  for  the  initiation  of  public 
prosecutions in criminal proceedings and judicial inquiries prior to indictment, may 
have access to the alerts referred to in Article 31 in the performance of their tasks. 

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3. 

Europol shall have the right to access to the data of the alerts referred to in Article 31 
which are necessary to perform its tasks in accordance with the Europol Convention. 

Article 34 

Conservation period of alerts  

1. 

2. 

3. 

4. 

Alerts on persons issued pursuant to Article 31 shall automatically be erased after 3 
years from the date of the decision giving rise to the alert.  

Alerts on objects issued pursuant to Article 31 shall automatically be erased after 5 
years from the date of the decision giving rise to the alert. 

The Member State having entered an alert in the system may decide to keep the alert 
in  the  SIS  II,  should  this  prove  necessary  for  the  purpose  for  which  the  alert  was 
entered. 

Member  States  will  be  informed  systematically  one  month  before  the  automatic 
erasure of the alerts from the system. 

Chapter VIII 

Alerts on objects for seizure or use as evidence in criminal 
proceedings 

Article 35 

Objectives and conditions for issuing alerts  

1. 

At the request of the competent authority, Member States shall, for the purposes of 
seizure or use as evidence in criminal proceedings, issue in the SIS II alerts on the 
following objects: 

(a)  motor  vehicles  with  a  cylinder  capacity  exceeding  50cc,  boats  and  aircrafts 

which have been stolen, misappropriated or lost; 

(b) 

trailers  with  an  unladen  weight  exceeding  750  kg,  caravans,  industrial 
equipment,  outboard  engines  and  containers  which  have  been  stolen, 
misappropriated or lost; 

(c) 

firearms which have been stolen, misappropriated or lost; 

(d)  blank official documents which have been stolen, misappropriated or lost; 

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(e) 

issued  identity  papers  such  as  passports,  identity  cards,  driving  licenses, 
travel  documents  which  have  been  stolen, 
residence  permits  and 
misappropriated, lost or invalidated; 

(f) 

vehicle  registration  certificates  and  vehicle  number  plates  which  have  been 
stolen, misappropriated, lost or invalidated; 

(g)  banknotes (registered notes); 

(h) 

securities  and  means  of  payment  such  as  cheques,  credit  cards,  bonds,  stocks 
and shares which have been stolen, misappropriated or lost. 

The  Commission  shall  establish  the  technical  rules  necessary  for  entering  and 
accessing  the  data  contained  in  the  alerts  referred  to  in  paragraph  1  in  accordance 
with Article 60. 

Article 36 

Collection and exchange of supplementary information for alerts  

If a search brings to light an alert for an object which has been found, the authority of 
the  Member  State  where  the  object  was  found  shall  contact  the  authority  which 
issued  the  alert,  in  order  to  agree  on  the  measures  to  be  taken.  For  this  purpose, 
personal data may be communicated in accordance with this Decision.  

The contacts and communication of personal data referred to in paragraph 1 shall be 
done through the exchange of supplementary information. The detailed rules for this 
exchange  shall  be  adopted  in  accordance  with  the  procedure  defined  in  Article  61 
and inserted in the SIRENE Manual.  

The  measures  to  be  taken  by  the  Member  State  which  finds  the  object  shall  be  in 
accordance with its national law. 

Article 37 

Authorities with right to access to alerts  

Police, border and custom authorities shall have the right to access the alerts referred 
to in Article 35 for the purpose of seizure of the object. 

National  judicial  authorities,  inter  alia  those  responsible  for  the  initiation  of  public 
prosecutions in criminal proceedings and judicial inquiries prior to indictment, may 
have access to the alerts referred to in Article 35, in the performance of their tasks. 

Europol shall have the right to access the data contained in the alerts referred to in 
Article 35 which are necessary to perform its tasks, in accordance with the Europol 
Convention. 

2. 

1. 

2. 

3. 

1. 

2. 

3. 

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Article 38 

Conservation period of alerts  

1. 

2. 

3. 

4. 

5. 

Alerts on objects referred to in Article 35 shall be erased as soon as the objects have 
been seized. 

Alerts referred to in Article 35 which contain no personal data shall automatically be 
erased after a period of ten years from the date of the decision giving rise to the alert. 

Alerts  referred  to  in  Article  35  which  contain  personal  data  shall  automatically  be 
erased in the SIS II after a period of three years from the date of the decision giving 
rise to the alert.  

The Member State having entered the alert in the SIS II may decide to keep the alert 
in  the  system  for  a  period  longer  than  the  conservation  periods  laid  down  in 
paragraphs 2 and 3 should this prove necessary for the purpose for which the alerts 
were entered. 

Member  States  will  be  informed  systematically  one  month  before  the  automatic 
erasure of the alerts from the system. 

CHAPTER IX 

General data processing rules  

Article 39 

Categories of data  

1. 

No more than the following data shall be contained in the alerts on persons issued in 
the SIS II in application of this Decision: 

(a)  surname(s)  and  forename(s),  name  at  birth  and  previously  used  names  and  any 

aliases, possibly entered separately; 

(b) date and place of birth; 

(c) sex; 

(d) photographs; 

(e) fingerprints; 

(f) nationality; 

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(g) any specific objective and physical characteristics not subject to frequent change; 

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

(i) reason for the alert; 

(j) authority issuing the alert; 

(k) action to be taken; 

(l) in cases of alerts for arrest, the type of offence; 

(m) link(s) to other alerts processed in the SIS II. 

2. 

3. 

1. 

2. 

3. 

4. 

The data referred to in paragraph 1 shall only be used for the purpose of identifying a 
person in view of a specific action to be taken in accordance with this Decision. 

The  Commission  shall  establish  the  technical  rules  necessary  for  entering  and 
accessing the data referred to in paragraph 1 in accordance with Article 61. 

Article 40  

Processing of SIS II data 

Data entered in the SIS II pursuant to this Decision shall only be processed for the 
purposes and by the competent national authorities defined by the Member States in 
accordance with this Decision.  

A  Member  State  may  change  the  category  of  an  alert  to  another  only  if  this  is 
necessary to prevent an imminent serious threat to public policy, public security, on 
serious  grounds  of  national  security  or  for  the  purposes  of  preventing  a  serious 
criminal offence. The alert whose category is changed shall be considered as a new 
alert issued by the Member State requesting the change of category. For this purpose 
a prior authorisation of the Member State that issued the first alert shall be obtained 
by the exchange of supplementary information. The detailed rules for this exchange 
of  supplementary  information  shall  be  adopted  in  accordance  with  the  procedure 
defined in Article 61 and inserted in the SIRENE Manual.  

Access to SIS II data shall only be authorised within the limits of the competence of 
the national authority and to duly authorised staff. 

Each Member State shall maintain and transmit to the Commission an up-to-date list 
of  national  authorities  who  are  authorised  to  process  SIS  II  data.  That  list  shall 
specify, for each authority, which category of data it may process, for what purpose 
and  who  is  to  be  considered  as  controller,  and  shall  be  communicated  by  the 
Commission  to  the  European  Data  Protection  Supervisor.  The  Commission  shall 
ensure  the  annual  publication  of  the  list  in  the  Official  Journal  of  the  European 
Union. 

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Article 41  

Entering a reference number 

A  Member  State  accessing  the  SIS  II  without  making  use  of  a  copy  of  data  of  the  CS-SIS 
referred  to  in  Article  4  (3)  may  add  a  reference  number  to  the  alerts  it  issues  for  the  sole 
purpose of tracing national information linked to the issued alert. 

Access to the reference number shall be restricted to the Member State that issued the alert. 

Article 42 

Copy of SIS II data 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Except  for  the  copy  of  data  of  the  CS-SIS  referred  to  in  Article  4  (3),  the  data 
processed in the SIS II may only be copied for technical purposes and provided that 
such copying is necessary for the competent national authorities to access the data in 
accordance with this Decision.  

Data  entered  into  the  SIS  II  by  another  Member  State  shall  not  be  copied  into 
Member State’s own national data files. 

Paragraph 2 shall not prejudice the right of a Member State to keep in its national file 
SIS II data in connection with which action has been taken on its territory. Such data 
shall be kept in national files for a maximum period of three years, except if specific 
provisions in national law provide for a longer retention period. 

This  article  shall  not  prejudice  the  right  of  a  Member  State  to  keep  in  its  national 
files data contained in a particular alert, which that Member State has issued in the 
SIS II. 

Article 43 

Quality of the data processed in the SIS II and compatibility between alerts 

The  Member  State  entering  the  data  in  the  SIS  II  shall  be  responsible  for  ensuring 
that  that  data  is  processed  lawfully  and,  in  particular,  that  it  is  accurate  and  up-to-
date. 

Only the Member State which entered data in the SIS II shall modify, add to, correct 
or erase it. 

If a Member State, which did not enter the data, has evidence suggesting that data is 
incorrect or has been unlawfully processed in the SIS II, it shall inform the Member 
States  which  entered  the  data  by  exchanging  supplementary  information  at  the 
earliest opportunity and if possible not later then 10 days after the evidence comes to 
its  attention.  The  Member  State  which  entered  the  data  shall  check  it  and,  if 
necessary, modify, add to, correct or erase it. The detailed rules for this exchange of 

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4. 

5. 

6. 

supplementary  information  shall  be  adopted  in  accordance  with  the  procedure 
defined in Article 61 and inserted in the SIRENE Manual. 

If  Member  States  are  unable  to  reach  agreement  within  two  months  about  the 
correction  of  the  data,  any  of  them  may  submit  the  case  to  the  European  Data 
Protection Supervisor who shall act as mediator. 

The Member States shall exchange supplementary information in order to distinguish 
accurately between alerts in the SIS II related to persons with similar characteristics. 
The detailed rules for this exchange of supplementary information shall be adopted 
in accordance with the procedure defined in Article 61 and inserted in the SIRENE 
Manual. 

When  a  person  is  already  the  subject  of  an  alert  in  the  SIS  II,  the  Member  State 
issuing a new alert in respect of the same person shall reach agreement on the entry 
of this new alert with the Member State which issued the first alert. The agreement 
shall  be  reached  on  the  basis  of  the  exchange  of  supplementary  information.  The 
detailed  rules  for  this  exchange  of  supplementary  information  shall  be  adopted  in 
accordance  with  the  procedure  defined  in  Article  61  and  inserted  in  the  SIRENE 
Manual. 

Different  alerts  on  the  same  person  may  be  entered  in  the  SIS  II  if  they  are 
compatible. 

The rules governing the compatibility of and priority of categories of alerts shall be 
determined in accordance with the procedure set out in Article 61. 

7. 

Data  kept  in  the  SIS  II  shall  be  reviewed  at  least  annually  by  the  issuing  Member 
State. Member States may provide for a shorter review period.  

Article 44 

1. 

2. 

Additional data for the purpose of dealing with misidentifications of persons 

Where  confusion  may  arise  between  the  person  actually  intended  by  an  alert  and  a 
person whose identity has been misused, Member States shall add data related to the 
latter to the alert in order to avoid the negative consequences of misidentifications.  

The  data  related  to  an  individual  whose  identity  has  been  misused  shall  only  be 
added with that individual’s explicit consent and shall only be used for the following 
purposes:  

(a) 

(b) 

to allow the competent authority to differentiate the individual whose identity 
has been misused from the person actually intended by the alert; 

to  allow  the  individual  whose  identity  has  been  misused  to prove  his  identity 
and to establish that his identity has been misused. 

3. 

No  more  than  the  following  personal  data  may  be  entered  and  further  processed  in 
SIS II for the purpose of this article: 

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(a) 

surname(s) and forename(s), any aliases possibly entered separately; 

(b)  date and place of birth; 

(c) 

sex; 

(d)  photographs; 

(e) 

fingerprints; 

(f) 

any  specific  objective  and  physical  characteristic  not  subject  to  frequent 
change; 

(g)  nationality; 

(h)  number(s) of identity paper(s) and date of issuing. 

The  data  referred  to  in  paragraph  3  shall  be  erased  at  the  same  time  as  the 
corresponding alert or earlier if the person so requests. 

Only the authorities having the right to access the corresponding alert may access the 
data referred to in paragraph 3 and for the sole purpose of avoiding misidentification. 

The technical rules referred to in Article 39 (3) shall apply to the data referred to in 
paragraph 3 of this article. 

Article 45 

Flagging  

A Member State may add a flag to the alerts issued in accordance with Articles 15, 
23 and 31 to the effect that the action to be taken on the basis of the alert will not be 
taken on its territory.  

A flag may be added to an alert where a Member State considers that an alert issued 
in  the  SIS  II  is  incompatible  with  its  national  law,  its  international  obligations  or 
essential national interests.  

In  order  to  enable  Member  States  to  determine  whether  to  add  a  flag,  all  Member 
States  shall  be  notified  automatically  via  the  SIS  II  about  any  new  alert  issued  in 
accordance  with  Article  15  and  about  the  additional  data  referred  to  in  Articles  16 
and 17. 

A Member State issuing an alert in accordance with Articles 23 and 31 shall inform 
the other Member States thereof by the exchange of supplementary information. The 
detailed  rules  for  that  exchange  shall  be  adopted  in  accordance  with  the  procedure 
defined in Article 61 and inserted in the SIRENE Manual. 

A  Member  State  wishing  to  add  a  flag  to  an  alert  shall  consult  the  Member  State 
issuing  the  alert  by  the  exchange  of  supplementary  information.  The  detailed  rules 
for  that  exchange  shall  be  defined  in  accordance  with  the  procedure  defined  in 

4. 

5. 

6. 

1. 

2. 

3. 

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4. 

5. 

6. 

1. 

2. 

3. 

4. 

Article 61 and inserted in the SIRENE Manual. If the Member State issuing the alert 
does not withdraw the alert, it shall continue to apply in full to Member States which 
do not add a flag. 

The  flag  shall  be  erased  at  the  latest  one  month  after  it  has  been  added,  unless  the 
Member  State  refuses  to  take  the  action  on  legal  grounds  or  for  special  reasons  of 
expediency.  

If  in  particularly  urgent  and  serious  cases,  an  issuing  Member  State  requests  the 
execution of the action, the executing Member State shall examine whether it is able 
to withdraw its flag. If the executing Member State is able to do so, it shall take the 
necessary steps to ensure that the action to be taken can be carried out immediately. 

The  procedure  and  technical  rules  for  adding  flags  and  updating  them  shall  be 
adopted in accordance with Article 60.  

Article 46 

Links between alerts 

A Member State may create a link between alerts it issues in the SIS II in accordance 
with  its  national  legislation.  The  effect  of  such  a  link  shall  be  to  establish  a 
relationship between two or more alerts.  

The creation of a link shall not affect the specific action to be taken on the basis of 
each linked alert or the conservation period of each of the linked alerts.  

The  creation  of  links  shall  not  affect  the  rights  to  access  provided  for  in  this 
Decision.  Authorities  with  no  right  to  access  certain  categories  of  alerts  shall  not 
have access to the links to those categories.  

When  a  Member  State  considers  that  the  creation  of  a  link  between  alerts  is 
incompatible  with  its  national  law  or  international  obligations,  it  may  take  the 
necessary measures to ensure that there can be no access to the link from its national 
territory. 

5. 

The technical rules for linking alerts shall be adopted in accordance with Article 60. 

Article 47 

Purpose and conservation period of supplementary information 

1. 

The  supplementary  information  transmitted  by  another  Member  State  shall  be  used 
only  for  the  purpose  for  which  it  was  transmitted.  It  shall  only  be  kept  in  national 
files as long as the alert to which it relates is kept in the SIS II. Member States may 
keep  this  information  for  a  longer  period  if  necessary  to  achieve  the  purpose  for 
which it was transmitted. In any event, the supplementary information shall be erased 
at the latest one year after the related alert has been erased from the SIS II. 

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2. 

1. 

2. 

Paragraph 1 shall not prejudice the right of a Member State to keep in national files 
data relating to a particular alert in connection with which action has been taken on 
its territory. Such data may be held in national files for a maximum period of three 
years, except if specific provisions of national law authorise retention of the data for 
a longer period. 

Article 48 

Transfer of personal data to third parties  

Except if explicitly provided for in EU law, the personal data processed in the SIS II 
in  application  of  this  Decision  shall  not  be  transferred  or  made  available  to  a  third 
country or to an international organisation. 

By  way  of  derogation  from  paragraph  1,  personal  data  may  be  transferred  to  third 
countries  or  international  organisations  in  the  framework  of  a  European  Union 
agreement  in  the  field  of  police  or  judicial  cooperation  guaranteeing  an  adequate 
level  of  protection  of  the  transferred  personal  data  and  with  the  consent  of  the 
Member State that entered the data in the SIS II. 

CHAPTER X 

Data protection 

Article 49 

Application of the Council of Europe data protection Convention 

Personal data processed in application of this Decision shall be protected in accordance with 
the Council of Europe Convention of 28 January 1981 for the protection of individuals with 
regard to automatic processing of personal data and subsequent amendments thereto. 

Article 50 

Right of information  

1. 

On request, an individual whose data is to be processed in the SIS II in application of 
this Decision shall be informed about: 

(a) the identity of the controller and his representative, if any; 

(b) the purposes for which the data will be processed within the SIS II; 

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35 

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(c) the potential recipients of the data; 

(d) the reason for issuing the alert in the SIS II; 

(e) the existence of the right of access and the right to rectify his personal data. 

Communication  of  the  information  referred  to  in  paragraph  1  to  the  individual 
concerned  shall  be  refused  if  this  is  indispensable  for  the  performance  of  a  lawful 
task in connection with the data entered in the SIS II or for protecting the rights and 
freedoms  of  the  individual  concerned  or  of  third  parties.  In  any  event,  it  shall  be 
refused  during  the  period  of  validity  of  an  alert  for  the  purpose  of  discreet 
surveillance. 

Article 51 

Right of access, rectification and erasure  

The right of individuals to have access to, and to obtain the rectification or erasure of 
their personal data processed in the SIS II shall be exercised in accordance with the 
law of the Member State before which that right is invoked. 

If  the  Member  State  before  which  the  right  of  access  is  invoked  did  not  enter  the 
data, it shall communicate the data to the individual concerned after having given the 
Member State which entered the data an opportunity to state its position. This shall 
be  done  through  an  exchange  of  supplementary  information.  The  detailed  rules  for 
this exchange of supplementary information shall be adopted in accordance with the 
procedure defined in Article 61 and inserted in the SIRENE Manual. 

The  personal  data  shall  be  communicated  to  the  individual  concerned  as  soon  as 
possible and in any event not later than 60 days from the date on which he applies for 
access. 

Communication of the information to the individual concerned shall be refused if this 
is  indispensable  for  the  performance  of  a  lawful  task  in  connection  with  the  data 
entered  in  the  SIS  II  or  for  protecting  the  rights  and  freedoms  of  the  concerned 
individual  or  of  third  parties.  In  any  event,  it  shall  be  refused  during  the  period  of 
validity of an alert for the purpose of discreet surveillance.  

The  individual  shall  be  informed  about  the  follow-up  given  to  the  exercise  of  his 
rights of rectification and erasure as soon as possible and in any event not later than 6 
months from the date on which he applies for rectification or erasure. 

2. 

1. 

2. 

3. 

4. 

5. 

Article 52 

Remedies  

Any person in the territory of any Member State shall have the right to bring an action or a 
complaint before the courts of that Member State if he is refused the right of access to or the 

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right to rectify or erase data relating to him or the right to obtain information or reparation in 
connection with the processing of his personal data contrary to this Decision. 

Article 53 

Data protection authorities 

Each  Member  State  shall  ensure  that  an  independent  authority  monitors  the 
lawfulness  of  the  processing  of  SIS  II  personal  data  on  its  territory  including  the 
exchange and further processing of supplementary information. Any individual shall 
have  the  right  to  ask  the  supervisory  authority  to  check  the  lawfulness  of  data 
processing performed in the SIS II concerning him. That right shall be governed by 
the national law of the Member State to which the request is made. If the data was 
entered  in  the  SIS  II  by  another  Member  State,  the  control  shall  be  carried  out  in 
close coordination with that Member State’s supervisory authority. 

The supervisory authorities referred to in Article 24 of the Europol Convention and 
23 of Decision 2002/187/JHA shall ensure the lawfulness of the access to, and as the 
case may be, the further processing of SIS II personal data by Europol and Eurojust. 

The  European  Data  Protection  Supervisor  shall  monitor  that  the  personal  data 
processing  activities  of  the  Commission  are  carried  out  in  accordance  with  this 
Decision.  

The  authorities  referred  to  in  this  Article  shall  cooperate  with  each  other.  The 
European  Data  Protection  Supervisor  shall  convene  a  meeting  for  that  purpose  at 
least once a year. 

CHAPTER XI  

Liability and sanctions 

Article 54 

Liability 

Each  Member  State  shall  be  liable  for  any  damage  caused  to  an  individual  arising 
from  unauthorised  or  incorrect  processing  of  data,  communicated  via  the  SIS  II  or 
SIRENE authorities, carried out by that Member State. 

If the Member State against which an action is brought pursuant to paragraph 1 is not 
the Member State which entered the data in the SIS II, the latter shall reimburse, on 
request, the sums paid out as compensation unless the data was used by the requested 
Member State in breach of this Decision. 

1. 

2. 

3. 

4. 

1. 

2. 

EN 

37 

   EN 

 
3. 

If  failure  of  a  Member  State  to  comply  with  its  obligations  under  this  Decision 
causes damage to the SIS II, that Member State shall be held liable for such damage, 
unless and insofar as the Commission or other Member State(s) participating in the 
SIS  II  failed  to  take  reasonable  steps  to  prevent  the  damage  from  occurring  or  to 
minimise its impact. 

Article 55 

Sanctions 

Member  States  shall  ensure  that  processing  of  SIS  II  data  or  supplementary  information 
contrary  to  this  Decision  is  subject  to  effective,  proportionate  and  dissuasive  sanctions  in 
accordance with national law.  

CHAPTER XII  

Access to SIS II by Europol and Eurojust 

Article 56 

Access by Europol and Eurojust 

Both Europol and Eurojust shall each define one to two access point(s) to access the SIS II. 

Article 57 

Access to SIS II data by Europol 

1. 

2. 

3. 

4. 

Where access to the SIS II by Europol reveals the existence of an alert in the SIS II 
which is of interest for Europol, Europol shall inform the Member State which issued 
the alert, via the Europol national unit of this Member State.  

Use  of  information  obtained  by  Europol  from  access  to  the  SIS  II,  including 
communication of the information to third countries and bodies, shall be subject to 
the  consent  of  the  issuing  Member  State.  Such  consent  shall  be  obtained  via  the 
Europol national unit of that Member State. 

If the issuing Member State allows the use of the information, the processing thereof 
shall be governed by the Europol Convention. 

Europol  shall  adopt  and  apply  mutatis  mutandis  security  and  confidentiality 
provisions in accordance with the provisions laid down in Article 10. 

EN 

38 

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5. 

6. 

7. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

Europol shall record its access to the SIS II and further processing of SIS II data, in 
accordance with the prescriptions laid down in Article 11. 

Without prejudice to paragraph 1, Europol shall not connect parts of the SIS II nor 
transfer the data contained therein to which it has access to any computer system for 
data  processing  in  operation  by  or  at  Europol  nor  download  or  otherwise  copy  any 
part of the SIS II.  

Europol may request supplementary information or the additional data referred to in 
Articles  16  and  17  from  the  Member  State  which  issued  the  alert  via  the  Europol 
national unit of the Member State concerned. 

Article 58 

Access to SIS II data by Eurojust 

Where access to the SIS II by Eurojust reveals the existence of an alert in the SIS II 
which  is  of  interest  for  Eurojust,  Eurojust  shall  inform  the  Member  State  which 
issued the alert, via the concerned national members of Eurojust. 

Use  of  information  obtained  by  Eurojust  from  such  access  to  the  SIS  II,  including 
communication of the information to third countries and bodies, shall be subject to 
the consent of the issuing Member State. Such consent shall also be obtained via the 
national member of Eurojust of that Member State.  

If the issuing Member State allows the use of the information, the processing thereof 
shall be governed by Decision 2002/187/JHA.  

Eurojust  shall  adopt  and  apply  mutatis  mutandis  security  and  confidentiality 
provisions in accordance with the prescriptions laid down in Article 10. 

Eurojust shall record its access to the SIS II and further processing of SIS II data in 
accordance with the prescriptions laid down in Article 11.  

Without prejudice to paragraph 1, Eurojust shall not connect parts of the SIS II, nor 
transfer the data contained therein to which it has access to any computer system for 
data processing in operation by or at Eurojust, nor download or otherwise copy any 
parts of the SIS II. 

Eurojust may request supplementary information from the Member State concerned 
in accordance with the provisions set out in Decision 2002/187/JHA. 

The access to data entered in the SIS II shall be limited to the national members and 
their assistants and not be extended to Eurojust staff. 

EN 

39 

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CHAPTER XIII  

Final provisions 

Article 59 

1. 

2. 

3. 

4. 

Monitoring, evaluation and statistics 

The Commission shall ensure that systems are in place to monitor the functioning of 
the  SIS  II  against  objectives,  in  terms  of  output,  cost-effectiveness  and  quality  of 
service. 

For the purposes of technical maintenance, reporting and statistics, the Commission 
shall  have  access  to  the  necessary  information  related  to  the  processing  operations 
performed in the SIS II. 

Two  years  after  the  SIS  II  starts  operations  and  every  two  years  thereafter,  the 
Commission shall submit to the European Parliament and the Council a report on the 
activities  of  the  SIS  II  and  on  the  bilateral  and  multilateral  exchange  of 
supplementary information between Member States.  

Four  years  after  the  SIS  II  starts  operations  and  every  four  years  thereafter,  the 
Commission  shall  produce  an  overall  evaluation  of  the  SIS  II  and  the  bilateral  and 
multilateral  exchange  of  supplementary  information  between  Member  States.  This 
overall  evaluation  shall  include  the  examination  of  results  achieved  against 
objectives  and  assess  the  continuing  validity  of  the  underlying  rationale  and  any 
implications of future operations. The Commission shall transmit the reports on the 
evaluation to the European Parliament and the Council. 

5. 

Member States shall provide the Commission with the information necessary to draft 
the reports referred to in paragraphs 3 and 4. 

Article 60 

Advisory Committee 

1. 

2. 

3. 

Where  reference  is  made  to  this  Article,  the  Commission  shall  be  assisted  by  an 
advisory  Committee  composed  of  the  representatives  of  the  Member  States  and 
chaired by the representative of the Commission. 

The Committee shall adopt its rules of procedure on a proposal made by the Chair on 
the  basis  of  standard  rules  of  procedure  which  have  been  published  in  the  Official 
Journal of the European Union. 

The representative  of the Commission shall submit to the Committee a draft of the 
measures to be taken. The Committee shall deliver its opinion on the draft, within a 

EN 

40 

   EN 

 
4. 

5. 

1. 

2. 

3. 

4. 

time-limit which the Chair may lay down according to the urgency of the matter, if 
necessary by taking a vote. The Chair shall not vote.  

The opinion shall be recorded in the minutes; in addition, each Member State shall 
have the right to ask to have its position recorded in the minutes. 

The  Commission  shall  take  the  utmost  account  of  the  opinion  delivered  by  the 
Committee.  It  shall  inform  the  Committee  of  the  manner  in  which  the  opinion  has 
been taken into account. 

Article 61 

Regulatory Committee 

Where  reference  is  made  to  this  Article,  the  Commission  shall  be  assisted  by  a 
regulatory  Committee  composed  of  the  representatives  of  the  Member  States  and 
chaired  by  the  representative  of  the  Commission.  The  representative  of  the 
Commission shall submit to the Committee a draft of the measures to be taken. The 
Committee shall deliver its opinion on the draft within a time limit which the Chair 
may lay down according to the urgency of the matter. The opinion shall be delivered 
by the majority laid down in Article 205 (2) of the EC Treaty in the case of decisions 
which  the  Council  is  required  to  adopt  on  a  proposal  from  the  Commission.  The 
votes  of  the  representatives  of  the  Member  States  within  the  Committee  shall  be 
weighted in the manner set out in that Article. The Chair shall not vote. 

The Committee shall adopt its rules of procedure on a proposal made by the Chair on 
the  basis  of  standard  rules  of  procedure  which  have  been  published  in  the  Official 
Journal of the European Union. 

The Commission shall adopt the measures envisaged if they are in accordance with 
the opinion of the Committee. If the measures envisaged are not in accordance with 
the  opinion  of  the  Committee,  or  if  no  opinion  is  delivered,  the  Commission  shall, 
without delay, submit to the Council a proposal relating to the measures to be taken. 

The  Council  may  act  by  qualified  majority on the proposal, within a period of  two 
months from the date of referral to the Council. If within that period the Council has 
indicated by qualified majority that it opposes the proposal, the Commission shall re-
examine it. It may submit an amended proposal to the Council, re-submit its proposal 
or  present  a  legislative  proposal.  If  on  the  expiry  of  that  period  the  Council  has 
neither  adopted  the  proposed  implementing  act  nor  indicated  its  opposition  to  the 
proposal for implementing measures, the proposed implementing act shall be adopted 
by the Commission. 

EN 

41 

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Article 62 

Amendment of the Schengen Convention  

1. 

2. 

For the purposes of matters falling within the scope of the EU Treaty, this Decision 
replaces Articles 92 to 119 of the Schengen Convention with the exception of Article 
102 (a) thereof. 

It also replaces the following provisions of the Schengen acquis implementing these 
articles28: 

(a)  Decision  of  the  Executive  Committee  of  14  December  1993  on  the  Financial 
Regulation  on  the  costs  of  installing  and  operating  the  Schengen  information 
system (C.SIS) (SCH/Com-ex (93) 16);  

(b)  Decision of the Executive Committee of 7 October 1997 on contributions from 
Norway  and  Iceland  to  the  costs  of  installing  and  operating  of  the  C.SIS 
(SCH/Com-ex (97) 18); 

(c)  Decision of the Executive Committee of 7 October 1997 on the development of 

the SIS (SCH/Com-ex (97) 24);  

(d)  Decision  of  the  Executive  Committee  of  15  December  1997  amending  the 

Financial Regulation on C.SIS (SCH/Com-ex (97) 35); 

(e)  Decision  of  the  Executive  Committee  of  21  April  1998  on  C.SIS  with  15/18 

connections (SCH/Com-ex (98) 11);  

(f)  Decision  of  the  Executive  Committee  of  28  April  1999  on  C.SIS  installation 

expenditure (SCH/Com-ex (99) 4);  

(g)  Decision  of  the  Executive  Committee  of  28  April  1999  on  updating  the 

SIRENE manual (SCH/Com-ex (99) 5);  

(h)  Declaration of the Executive Committee of 18 April 1996 defining the concept 

of alien (SCH/Com-ex (96) decl. 5);  

(i)  Declaration  of  the  Executive  Committee  of  28  April  1999  on  the  structure  of 

SIS (SCH/Com-ex (99) decl. 2 rev.). 

3. 

For the purposes of matters falling within the scope of the EU Treaty, references to 
the  replaced  articles  of  the  Schengen  Convention  and  relevant  provisions  of  the 
Schengen acquis implementing those articles shall be construed as references to this 
Decision  and  shall  be  read  in  accordance  with  the  correlation  table  set  out  in  the 
Annex.  

28 

OJ L 239 22.9.2000 p. 439. 

EN 

42 

   EN 

 
                                                 
Decision 2004/201/JHA is repealed29. 

Article 63 

Repeal 

Article 64 

1. 

2. 

1. 

2. 

Transitional period and budget 

Articles  94,  95,  97,  98,  99  and  100  and  Article  101  (1)  and  (2)  of  the  Schengen 
Convention shall continue to apply to alerts issued in the SIS and transferred to the 
SIS II or to alerts issued directly in the SIS II before the date set in accordance with 
Article 65 (3) of this Decision until one year after that date. 

One  year  after  the  date  set  in  accordance  with  Article  65(3),  those  alerts  shall  be 
automatically erased from the SIS II unless Member States have reissued those alerts 
in accordance with this Decision.  

The remainder of the budget at the date set in accordance with Article 65 (2), which 
has been approved in accordance with Article 119 of the Schengen Convention, shall 
be paid back to the Member States. The amounts to be repaid shall be calculated on 
the basis of the contributions from the Member States as laid down in the Decision of 
the  Executive  Committee  of  14  December  1993  on  the  financial  regulation  on  the 
costs of installing and operating the Schengen Information System. 

Article 65 

Entry into force and applicability 

This  Decision  shall  enter  into  force  on  the  twentieth  day  following  that  of  its 
publication in the Official Journal of the European Union.  

It  shall  apply  from  a  date  to  be  determined  by  the  Commission  in  accordance  with 
paragraphs 2 and 3. 

The  date  from  which  Articles  1  to  14  and  Articles  40  to  64  with  the  exception  of 
Articles 41, 44, 45 and 46 are to apply shall be determined after: 

(a) 

the necessary implementing measures have been adopted; 

(b) 

the  Commission  has  made  the  necessary  technical  arrangements  for  allowing 
the SIS II to be connected to the Member States and 

29 

OJ L 64, 2/03/2004 

EN 

43 

   EN 

 
 
 
 
                                                 
(c) 

all  Member  States  have  notified  the  Commission  that  they  have  made  the 
necessary technical and legal arrangements to process SIS II data and exchange 
supplementary information in accordance with the aforementioned articles. 

The Commission shall publish the date in the Official Journal of the European Union. 

3. 

The date from which Articles 15 to 39 and Articles 41, 44, 45 and 46 are to apply 
shall be determined after:  

(a) 

the necessary implementing measures have been adopted and 

(b) 

all  Member  States  have  notified  the  Commission  that  they  have  made  the 
necessary technical and legal arrangements to process SIS II data and exchange 
supplementary information in accordance with the aforementioned articles. 

The Commission shall publish the date in the Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

EN 

44 

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ANNEX  

Decision Articles 

Art.  1(1);  Art.  2(1);  Art. 
4(1)(2)(3) 

Art.4  (1)  (2)  (3);  Art. 
5(2)(3); Art. 6; Art.9 

Art.4  (1)(2)(3);  Art.5(1); 
Art. 12 

(1);  Art.  7(2)(3); 

Art.3 
Art.8 

Art.1(2) 

Art. 40(1) 

Art.15; Art.23 (1) ; Art.27 ; 
Art. 31(1) Art. 35(1)  

Art. 39(1); Art. 44(3) 

Art. 45 

Art. 15 

Art. 16; Art. 17; Art. 45 

Art.20; Art. 21; Art. 45 

Art. 45(5) 

Art. 20(1) 

Art. 22 

Correlation table 

Schengen Convention30 
Articles 

Art. 92(1) 

Art. 92(2) 

Art. 92(3) 

Art. 92(4) 

Art. 93 

Art. 94(1) 

Art. 94(2) 

Art. 94(3) 

Art. 94(4) 

Art. 95(1) 

Art. 95(2) 

Art. 95(3) 

Art. 95(4) 

Art. 95(5) 

Art. 95(6) 

Art. 96(1) 

Art. 96(2) 

Art. 96(3) 

30 

Articles  and  paragraphs  in  italics  have  been  added  or  amended  by  Council  Regulation  (EC)  No. 
871/2004  and  Council  Decision  2005/211/JAI  on  the  introduction  of  new  functions  for  the  Schengen 
Information System, including the fight against terrorism 

EN 

45 

   EN 

 
 
 
 
                                                 
Schengen Convention30 
Articles 

Decision Articles 

Art. 97 

Art. 98(1) 

Art. 98(2) 

Art. 99(1) 

Art. 99(2) 

Art. 99(3 ) 

Art. 99(4) 

Art. 99(5)  

Art. 99(6) 

Art. 100(1) 

Art. 100(2) 

Art. 100(3) 

Art. 101(1) 

Art. 101(2) 

Art. 101(3) 

Art. 101(4) 

Art. 101A(1) 

Art. 101A(2) 

Art. 101A(3) 

Art. 101A(4) 

Art. 101A(5) 

Art. 101A(6) 

Art. 23; Art. 26 

Art. 27 

Art. 30 

Art. 31(1) 

Art. 31(1) 

Art. 31(2) 

Art. 32(1)(2)(3) 

Art. 32(4) 

Art. 45 

Art. 35 

Art. 36 

Art. 35 

Art. 18(1)(4); Art. 24;  
Art.  28(1)(2);  Art.33(1)(2); 
Art. 37(1)(2) 

Art. 40(3) 

Art. 40(4) 

Art.  18(2);  Art.  33(3);  Art. 
37(3) 

Art.  18(2);  Art.  33(3);  Art. 
37(3) 

Art. 57(1) 

Art. 57(2) 

Art. 57(7) 

Art. 53(2); Art. 57(4)(5)(6) 

EN 

46 

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Schengen Convention30 
Articles 

Decision Articles 

Art. 101B(1) 

Art. 101B(2) 

Art. 101B(3) 

Art. 101B(4) 

Art. 101B(5) 

Art. 101B(6) 

Art. 101B(7) 

Art. 101B(8) 

Art. 102(1) 

Art. 102(2) 

Art. 102(3) 

Art. 102(4) 

Art. 102(5) 

Art. 103  

Art. 104(1) 

Art. 104(2) 

Art. 104(3) 

Art. 105 

Art. 106(1) 

Art. 106(2) 

Art. 106(3) 

Art. 107 

Art. 108(1) 

Art. 108(2) 

Art. 18(3); Art. 28(3) 

Art. 18(3); Art. 28(3);  
Art. 58(8) 

Art. 58(1)(2) 

Art. 53(2); Art. 58(3) 

Art. 58(5) 

Art. 58(6) 

Art. 58(8) 

Art. 58(4) 

Art. 40(1) 

Art. 42(1)(2) 

Art. 40(2) 

Art. 54(1) 

Art. 11 

Art. 43(1) 

Art. 43(2) 

Art. 43(3) 

Art. 43(4) 

Art. 43(6) 

Art. 7(1) 

EN 

47 

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Schengen Convention30 
Articles 

Decision Articles 

Art. 108(3) 

Art. 108(4) 

Art. 109(1) 

Art. 109(2) 

Art. 110 

Art. 111(1) 

Art. 111(2) 

Art. 112(1) 

Art. 112(2) 

Art. 112(3) 

Art. 6; Art. 7(1); 
Art. 9(1) 

Art. 7(3) 

Art. 50(1); Art. 51(1)(2)(3) 

Art. 51(4) 

Art. 51(1)(5); Art.53(1) 

Art. 52 

Art. 19(1)(2); Art.25(1)(2); 

Art. 
29(1)(2); 
Art.34(1)(2)(3); Art. 43(7) 

Art. 43(7) 

Art. 19(3); Art. 25(3); 

Art. 29(3); Art. 34(4); 

Art. 38(5) 

Art. 112(4) 

Art. 19(2); Art. 25(2); 

Art. 29(2); Art. 34(3); 

Art. 38(4) 

Art. 47(1) 

Art. 47(2) 

Art. 38(1)(2)(3) 

Art. 14(3)(4)(5)(6) 

Art. 47(1) 

Art. 47(2) 

Art. 53(1) 

Art. 53 

Art. 112A(1) 

Art. 112A(2) 

Art. 113(1) 

Art. 113(2) 

Art. 113A(1) 

Art. 113A(2) 

Art. 114(1) 

Art. 114(2) 

EN 

48 

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Schengen Convention30 
Articles 

Decision Articles 

Art. 115(1) 

Art. 115(2) 

Art. 115(3) 

Art. 115(4) 

Art. 116(1) 

Art. 116(2) 

Art. 117(1) 

Art. 117(2) 

Art. 118(1) 

Art. 118(2) 

Art. 118(3) 

Art. 118(4) 

Art. 119(1) 

Art. 119(2) 

Art. 53(3) 

Art. 54(1) 

Art. 54(2) 

Art. 49 

Art. 10(1) 

Art. 10(1) 

Art. 10(3) 

Art. 13 

Art. 5(1); Art. 64(2) 

Art. 5(2)(3) 

EN 

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