Proposal for a COUNCIL IMPLEMENTING DECISION setting out a recommendation on addressing the serious deficiencies identified in the 2017 evaluation of the United Kingdom on the application of the Schengen acquis in the field of the Schengen Information System
Date: 2020-01-27
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Community acquis, EU police cooperation, Schengen Information System, United Kingdom, application of EU law, data protection, external border of the EU, internal border of the EU, personal data, withdrawal from the EU

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RESTREINT UE/EU RESTRICTED   EUROPEAN COMMISSION  Brussels, 27.1.2020  COM(2020) 46 final 2020/10 (NLE)  This document was downgraded/declassified Date 18.4.2023 By OEL Matthias Authority HOME.B   Proposal for a COUNCIL IMPLEMENTING DECISION setting out a recommendation on addressing the serious deficiencies identified in the 2017 evaluation of the United Kingdom on the application of the Schengen acquis in the field of the Schengen Information System  
 
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EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

On  10  February  2015,  the  Council  adopted  Implementing  Decision  (EU)  2015/215  on  the 
putting  into  effect  of  the  provisions  of  the  Schengen  acquis  on  data  protection  and  on  the 
provisional  putting  into  effect  of  parts  of  the  provisions  of  the  Schengen  acquis  on  the 
Schengen  Information  System  (SIS)  for  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland1.  Article  2(3)  of  this  implementing  decision  stipulates  that  upon  the  successful 
completion of the necessary Schengen evaluations, the Council should examine the situation 
with a view to adopting a second implementing decision setting the date for the final putting 
into effect by the UK of the provisions concerning SIS.  

To this end, a first Schengen evaluation visit to the United Kingdom was carried out from 7 to 
13 June 2015. The Evaluation Committee concluded following the visit that the UK had only 
partially  implemented  the  Schengen  acquis  related  to  SIS  and  that  a  further  visit  was 
necessary  to  conclude  the  evaluation  proceedings  before  the  second  implementing  decision 
setting the date for the final putting into effect by the UK of the provisions concerning the SIS 
could be adopted. 

At its meeting on 8 and 9 October 2015, the Council took note of the state of play in relation 
to  the  adoption  of  the  second  implementing  decision  (I/A  item  note  12246/15).  In  its 
conclusions of 4 December 2015, the Council agreed with  the assessment  of the Evaluation 
Committee, including the need for a further visit before the decision on the full application of 
SIS provisions could be taken2.  
The  Council  also  noted  in  the  conclusions3  that,  since  its  competence  for  carrying  out 
Schengen  evaluations  was  to  cease  on  1  January  2016,  the  continuation  of  the  evaluation 
process would have to take place in the framework of the new evaluation mechanism under 
Regulation (EU) No 1053/20134 of 7 October 2013 establishing an evaluation and monitoring 
mechanism to verify the application of the Schengen acquis. The Council therefore invited the 
Commission  to  carry  out  the  recommended  revisit  under  the  new  Schengen  evaluation 
mechanism, led by the Commission.  

In  line  with  Regulation  (EU)  No  1053/2013,  the  Commission  has  established  an  annual 
evaluation programme for 20175 with detailed plans for on-site visits to the Member States to 

1 
2 

3 
4 
5 

OJ L 36, 12.2.2015, p. 8. 
Council Conclusions on the evaluation of the correct application of the Schengen acquis in the field of 
police cooperation and on the completion of  the process of evaluation of the  state of preparedness to 
implement  the  relevant  provisions  of  the  Schengen  acquis  on  the  Schengen  Information  System 
(Document  number  13378/1/15  REV  1  SCH-EVAL  41  SIRIS  75  COMIX  516  EU  RESTRICTED). 
Adopted on  3-4 December 2015. 
Ibidem. Section 11.  
OJ L 295, 6.11.2013, p. 27. 
Commission Implementing Decision C(2016) 7387 of 21 November 2016 establishing the first section 
of the annual evaluation programme for 2017 in accordance with Article 6 of Council Regulation (EU) 
No  1053/2013  of  7  October 2013  establishing  an  evaluation  and  monitoring  mechanism  to  verify  the 
application of the Schengen acquis. 

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be evaluated, areas to be evaluated and sites to be visited, and providing for the evaluation of 
the UK. 

Based on this annual programme, a team of Member States and Commission experts carried 
out an evaluation revisit between 5 and 10 November 2017 to verify the UK's application of 
SIS. Their evaluation report6 sets out their findings and assessments, including best practices 
and any deficiencies identified during the evaluation.  

The  Working  Party  for  Schengen  Matters  (Schengen  Evaluations)  discussed  the  main 
conclusions of the evaluation visit at its meeting of 19 June 2018. The Commission presented 
the main findings of the report, underlining that instances of non-compliance identified in the 
2015 report had not been remedied. The Commission concluded that the report identified very 
serious deficiencies and asked for guidance from the Council as to the follow-up to be given 
to the report. The Working party on Schengen Matters agreed at its meeting on 3 September 
2018 that the evaluation procedure should continue. 

On that basis the Working Party suggested to Coreper to recommend that the Council invite 
the Commission to submit a proposal to the Council to adopt recommendations for remedial 
action  aimed  at  addressing  the  very  serious  deficiencies  identified  in  the  evaluation.  The 
invitation  to  the  Commission  to  submit  a  proposal  for  recommendations  (11845/18)  was 
adopted at the General Affairs Council on 18 September 2018. 

On  29 March 2017,  the  United  Kingdom  submitted  the  notification  of  its  intention  to 
withdraw from the Union pursuant to Article 50 of the Treaty on the European Union (TEU). 
In accordance with Article 50(3) TEU, the Treaties will cease to apply to the United Kingdom 
from  the date of entry into  force of  a withdrawal  agreement or, failing  that, two  years after 
that  notification,  unless  the  European  Council,  in  agreement  with  the  United  Kingdom, 
unanimously decides to extend that period. After agreeing a first extension on 22 March 2019, 
and  a  second  extension  on  11 April  2019,  the  European  Council  adopted  Decision  (EU) 
2019/18107 on 29 October 2019, in which it agreed, following a further request by the United 
Kingdom, to extend the period provided for in Article 50(3) TEU until 31 January 2020. 

In accordance with Article 50 TEU, the European Union negotiated with the United Kingdom 
an  agreement  setting  out  the  arrangements  for  its  withdrawal,  taking  account  of  the 
framework  for  its  future  relationship  with  the  Union  (‘Withdrawal  Agreement’).  On  11 
January 2019, the Council adopted Decision (EU) 2019/274 on the signing of the Withdrawal 
Agreement8. Following further negotiations between the negotiators of the Union and of the 
United  Kingdom  during  the  months  of  September  and  October  2019,  an  agreement  was 
reached on a revised text of the Withdrawal Agreement, which was endorsed by the European 
Council  on  17  October  2019.  On  21  October  2019,  the  Council  adopted  Decision  (EU) 
2019/1750 on the signing of the revised Withdrawal Agreement9. Part Four of the Withdrawal 

6 
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C(2018) 2250. 
European  Council  Decision  (EU)  2019/1810  taken  in  agreement  with  the  United  Kingdom  of  29 
October 2019 extending the period under Article 50(3) TEU (OJ L 278I, 30.10.2019, p. 1). 
Council Decision (EU) 2019/274 of 11 January 2019 on the signing, on behalf of the European Union 
and  of  the  European  Atomic  Energy  Community,  of  the  Agreement  on  the  withdrawal  of  the  United 
Kingdom  of  Great  Britain  and  Northern  Ireland  from  the  European  Union  and  the  European  Atomic 
Energy Community (OJ L 47 I, 19.2.2019, p. 1). 
Council Decision (EU) 2019/1750 of 21 October 2019 amending  Council Decision (EU) 2019/274 of 
11 January 2019 on the signing, on behalf of the European Union and of the European Atomic Energy 
Community, of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern 

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Agreement10  provides  for  a  transition  period  starting  on  the  date  of  entry  into  force  of  the 
Withdrawal Agreement and ending on 31 December 2020. During the transition period, and 
unless  the  Withdrawal  Agreement  provides  otherwise,  Union  law  shall  continue  to  apply  to 
and  in  the  United  Kingdom.  Against  this  background,  the  current  proposal  for  a  Council 
Implementing Decision setting out  a recommendation seeks to  ensure that  the UK takes the 
necessary remedial actions aimed at addressing very serious deficiencies identified during the 
evaluation.  

This Decision will, in any event, apply only as long as Union law applies to and in the United 
Kingdom.  

• 

Consistency with existing policy provisions in the policy area 

These recommendations serve to implement the existing provisions in the policy area. 

• 

Consistency with other Union policies 

These  recommendations  may  have  links  with  the  Union's  data  protection  policy  and  the 
policies concerning police and judicial cooperation.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Council  Regulation  (EU)  no  1053/2013  of  7  October  2013  establishing  an  evaluation  and 
monitoring mechanism to verify the application of the Schengen acquis.  

• 

Subsidiarity (for non-exclusive competence)  

Article 15(2) of Council Regulation (EU) No 1053/2013 specifically requests the Commission 
to  submit a proposal  to the Council to  adopt  recommendations for remedial  action aimed at 
addressing any deficiencies identified in the course of the evaluation. Action at Union level is 
required  to  strengthen  mutual  trust  between  the  Member  States  and  to  ensure  better 
coordination  at  Union  level  in  order  to  guarantee  that  all  Schengen  rules  are  applied 
effectively by the Member States. 

• 

Proportionality 

Article  15(2)  of  Council  Regulation  (EU)  No  1053/2013  mirrors  the  specific  powers  of  the 
Council in the field of mutual evaluation of the implementation of Union policies within the 
area of freedom, security and justice. 

3. 

• 

n.a. 

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RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EVALUATIONS, 

EXPOST 

OF 

STAKEHOLDER 

Ex post evaluations/fitness checks of existing legislation 

Ireland  from  the  European  Union  and  the  European  Atomic  Energy  Community  (OJ  L  274  I, 
28.10.2019, p. 1). 
Agreement on the  withdrawal of the United Kingdom of Great Britain and Northern Ireland from the 
European Union and the European Atomic Energy Community (OJ C 384 I 12.11.2019 , p. 1). 

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• 

Stakeholder consultations 

In  line  with  Article  14(5)  and  Article  21(2)  of  Council  Regulation  (EU)  no  1053/2013 
Member  States  gave  their  positive  opinion  on  the  evaluation  report  in  the  Schengen 
Committee of 12 April 2018. 

Collection and use of expertise 

Impact assessment 

Regulatory fitness and simplification 

• 

n.a. 

• 

n.a. 

• 

n.a. 

• 

Fundamental rights 

The  protection  of  fundamental  rights  when  applying  the  Schengen  acquis  was  taken  into 
account during the evaluation process. 

BUDGETARY IMPLICATIONS 

OTHER ELEMENTS 

4. 

n.a. 

5. 

n.a. 

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2020/10 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

setting out a recommendation on addressing the serious deficiencies identified in the 
2017 evaluation of the United Kingdom on the application of the Schengen acquis in the 
field of the Schengen Information System 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, 

Having regard to Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an 
evaluation  and  monitoring  mechanism  to  verify  the  application  of  the  Schengen  acquis  and 
repealing  the  Decision  of  the  Executive  Committee  of  16  September  1998  setting  up  a 
Standing  Committee  on  the  evaluation  and  implementation  of  Schengen11,  and  in  particular 
Articles 1(1)(a) and 15 (3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The purpose of this Decision is to recommend to the UK remedial actions to address 
the deficiencies identified during the Schengen evaluation in the field of the Schengen 
Information  System  (SIS)  carried  out  in  2017.  Following  the  evaluation,  a  report 
covering the findings and assessments, listing best practices and deficiencies identified 
during  the  evaluation,  was  adopted  by  Commission  Implementing  Decision  C(2018) 
2250 final.  

Statistical reporting tools and the availability of detailed statistical reports on SIS data, 
as well as the peer review programme initiated by the Home Office consisting of visits 
(evaluations) to review how each force uses the SIS, are considered as best practice. 

In light of the importance of complying with the Schengen acquis, priority should be 
given to implementing recommendations 1-25 below. It is important to remedy these 
very serious deficiencies immediately. 

On  29 March 2017,  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  (the 
‘United  Kingdom’)  submitted  the  notification  of  its  intention  to  withdraw  from  the 
Union  pursuant  to  Article  50  of  the  Treaty  on  the  European  Union  (TEU).  In 
accordance with Article 50(3) TEU, the Treaties cease to apply to the United Kingdom 
from the date of entry into force of a withdrawal agreement or, failing that, two years 
after  that  notification,  unless  the  European  Council,  in  agreement  with  the  United 
Kingdom, unanimously decides to extend that period. After agreeing a first extension 
on  22  March  2019,  and  a  second  extension  on  11 April  2019,  the  European  Council 

11 

OJ L 295, 6.11.2013, p. 27. 

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adopted Decision (EU) 2019/181012 on 29 October 2019, in which it agreed, following 
a further request by the United Kingdom, to extend the period provided for in Article 
50(3) TEU until 31 January 2020.  

In  accordance  with  Article  50  TEU,  the  European  Union  negotiated  with  the  United 
Kingdom an agreement setting out the arrangements for its withdrawal, taking account 
of the framework for its future relationship with the Union (‘Withdrawal Agreement’). 
On 11 January 2019, the Council adopted Decision (EU) 2019/274 on the signing of 
the Withdrawal Agreement. Following further negotiations between the negotiators of 
the Union and of the United Kingdom  during the months of September  and October 
2019,  an  agreement  was  reached  on  a  revised  text  of  the  Withdrawal  Agreement, 
which  was  endorsed  by  the  European  Council  on  17  October  2019.  On  21  October 
2019,  the  Council  adopted  Decision  (EU)  2019/1750  on  the  signing  of  the  revised 
Withdrawal  Agreement.  Part  Four  of  the  Withdrawal  Agreement  provides  for  a 
transition period starting on the date of entry into force of the Withdrawal Agreement 
and  ending  on  31  December  2020.  During  the  transition  period,  and  unless  the 
Withdrawal Agreement provides otherwise, Union law shall continue to apply to and 
in the United Kingdom.  

This  Decision  shall  apply  only  as  long  as  Union  law  applies  to  and  in  the  United 
Kingdom.  

This Decision should be transmitted to the European Parliament and to the parliaments 
of the Member States. Within one month of its adoption, the UK should, pursuant to 
Article  16(1)  of  Regulation  (EU)  No  1053/2013,  establish  an  action  plan  listing  all 
recommendations  to  remedy  any  deficiencies  identified  in  the  evaluation  report  and 
provide that action plan to the Commission and the Council,  

(5) 

(6) 

(7) 

RECOMMENDS:  

The United Kingdom should: 

(1) 

(2) 

(3) 

(4) 

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ensure  that  the  provisions  on  equivalence  of  results  and  security  of  data  are  fully 
applied  in  respect  of  all  its  full  and  partial  technical  copies  in  accordance  with 
Articles 9(2), 10(1) and Article 46(2)-(4) of Council Decision 2007/533/JHA13; 

cease the unlawful copying of SIS data into the Warning Index (a database used by 
the  UK  Border  Force  at  first-  and  second-line  border  checks)  and  ensure  that  the 
management  of  SIS  data  in  this  database  complies  with  the  provisions  of  Articles 
10(1)(c) and 46 (2)-(4) of Council Decision 2007/533/JHA; 

cease the unlawful copying of SIS data in the copy of the Warning Index stored onto 
back-up laptops; 

ensure that the Warning Index in relation to SIS alerts displays the complete action to 
be  taken,  the  type  of  offence,  photographs,  the  existence  of  European  Arrest 

European  Council  Decision  (EU)  2019/1810  taken  in  agreement  with  the  United  Kingdom  of  29 
October 2019 extending the period under Article 50(3) TEU (OJ L 278I, 30.10.2019, p. 1). 
Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second 
generation Schengen Information System (SIS II) (OJ L 205, 7.8.2007, p. 63). 

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Warrants  and  fingerprints,  type  of  identity  and  aliases,  links,  misused  identity 
extension, and all the warning markers; 

fully synchronise all its full and partial technical copies and the Warning Index with 
the central SIS database (CS-SIS) in accordance with the provisions of Article 9(2), 
to be read in conjunction with Article 46(2), of Council Decision 2007/533/JHA, so 
that no alerts deleted by the issuing Member State would remain therein;  

perform  full  data  consistency  checks  on  all  its  full  and  partial  technical  copies  in 
accordance  with  the  requirements  of  Article  9(2),  to  be  read  in  conjunction  with 
Article 46(2), of Council Decision 2007/533/JHA; 

cease  changing  alerts  issued  under  Article  36  of  Council  Decision  2007/533/JHA, 
with the ‘contact SIRENE immediately’ action, into discreet or specific check alerts 
without the action ‘contact SIRENE immediately’ in the Warning Index;   

ensure  that  the  Semaphore  technical  copy  of  SIS  (application  used  to  process 
advanced  passenger  data)  contains  all  categories  of  SIS  alerts,  not  only  the  non-
flagged  Article  26  alerts  for  arrest,  in  accordance  with  Article  9(2),  to  be  read  in 
conjunction with Article 46(2) and Article 40, of Council Decision 2007/533/JHA;  

change  national  policies  on  systematic  flagging  of  alerts  for  arrest  (extradition 
requests) issued by the Schengen associated countries; 

cease  changing,  in  the  Police  National  Computer  (police  information  system) 
technical  copy  of  SIS,  all  flagged  alerts  for  arrest  into  alerts  on  persons  sought  to 
assist with a judicial procedure;  

correctly  apply  the  provisions  of  Article  24  of  Council  Decision  2007/533/JHA  on 
flagging of alerts for arrest by waiting until the flag has been added by the SIRENE 
Bureau of the Member State that entered the alert; 

introduce a procedure for its SIRENE Bureau to follow up and verify if the requested 
flag  has  been  added  to  the  alert  by  the  issuing  Member  State  in  line  with  Article 
24(1) of Council Decision 2007/533/JHA; 

establish technical tools, mandatory procedures or guidelines for end-users to be able 
to  attach  photographs  and  fingerprints  to  SIS  alerts  when  they  are  available,  in 
accordance  with  the  provisions  of  Article  20(3)(f)  and  Article  23(2)  of  Council 
Decision 2007/533/JHA; 

make  alerts  for  arrest  immediately  available  to  end-users  without  waiting  for  their 
validation by the SIRENE Bureau; 

make  alerts  for  discreet  or  specific  checks  with  action  ‘contact  SIRENE 
immediately’,  issued  pursuant  to  Articles  36(2)  and  36(3)  of  Council  Decision 
2007/533/JHA,  immediately  available  to  end-users  without  waiting  for  their 
validation by the SIRENE Bureau; 

further  develop  the  Police  National  Computer  application  to  enable  it  to  display 
binary  data  such  as  photographs  as  well  as  provide  reference  to  the  existence  of 
European Arrest Warrants (EAW) and fingerprints; 

further develop the Police National Computer application to enable it to display the 
misused identity extension; 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

(14) 

(15) 

(16) 

(17) 

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(18) 

(19) 

(20) 

(21) 

(22) 

(23) 

(24) 

(25) 

(26) 

(27) 

(28) 

(29) 

(30) 

(31) 

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fully synchronise the Police National Computer technical copy of SIS with the CS-
SIS so that no alerts deleted by the issuing Member State would remain therein;  

change the display of the alias data in  the Police National  Computer application so 
that the identity status does not remain as ‘confirmed by photograph, fingerprints or 
DNA’; 

further develop the SIRENE case management system (CIMS) to enable it to display 
the photograph of the victim and the perpetrator of misused identity in all cases; 

ensure that a back-up is available for the SIRENE SIS technical copy, since it is the 
only source of SIS biometric data for end-users;  

take  all  the  necessary  measures  to  ensure  that  the  objects  subject  to  an  Article  38 
alert  are  systematically  seized  by  UK  officers,  in  accordance  with  Article  39  of 
Decision 2007/533/JHA and Appendix 2 of the SIRENE Manual14; 

apply  measures  so  that  the  information  displayed  on  computer  screens  in  first-line 
border  controls  at  UK  ports  cannot  be  read  by  unauthorised  parties,  in  accordance 
with Article 10 and Article 40 of Council Decision 2007/533/JHA; 

introduce  complex  password  requirements  in  the  National  Border  Targeting  Centre 
in  line  with  the  security  measures  set  down  in  Article  10  of  Council  Decision 
2007/533/JHA; 

that  all  categories  of  SIS  alerts, 

ensure 
the  alerts  on 
lost/stolen/invalidated travel  documents,  and all  alerts  within any  alert  category  are 
available at UK border crossing points, in accordance with Article 9(2), to be read in 
conjunction with Article 46(2) and Article 40, of Council Decision 2007/533/JHA; 

in  particular 

improve  the  quality  of  information  provided  by  the  SIRENE  Bureau  to  end-users, 
especially in cases of misused identity; 

enhance  the  involvement  of  the  SIRENE  Bureau  in  SIS  processes,  such  as  by 
providing  clear  information  to  end-users  and  giving  training  to  end-users  on  SIS-
related matters; 

enhance the involvement of the SIRENE Bureau in the peer review programme; 

further  develop  the  CIMS  application  to  enable  it  to  provide  a  sufficient  level  of 
automation  in  the  management  of  the  daily  workflow,  to  search  and  retrieve  cases 
with case names containing special characters, and to add and highlight the misused 
identity marker automatically; 

provide  all  SIRENE  operators  with  a  special  shortcut  to  enable  them  to  perform 
searches for industrial equipment in the CIMS application; 

further develop the Police National Computer application to enable it to provide for 
differentiation between Article 36(2) and 36(3) when displaying an alert, to make the 

Commission  Implementing  Decision  (EU)  2017/1528  of  31  August  2017  replacing  the  Annex  to 
Implementing Decision 2013/115/EU on the SIRENE Manual and other implementing measures for the 
second generation Schengen Information System (SIS II) (notified under document C(2017) 5893) (OJ 
L 231, 07.09.2017, p6). 

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(32) 

(33) 

(34) 

action ‘contact  SIRENE immediately’  more prominently visible, to  open the linked 
alert directly, and to highlight the links to person alerts; 

further develop the Police National Computer application and change the mapping of 
the identity status ‘confirmed by photograph, fingerprints or DNA’ and align it with 
the concept of ‘confirmed identity’ in the SIS; 

further  improve  the  SIS  hit-reporting  procedure  and  avoid  delays  caused  by  the 
additional  layer  of  information  flow  via  the  24/7  intelligence  units;  in  particular,  it 
should be ensured that end-users can contact the SIRENE Bureau directly for alerts 
where action to be taken is ‘contact SIRENE immediately’; 

provide  more  training  to  end-users  on  misused  identity,  linking  functionality, 
possibility to retrieve pictures and other binary data from the SIRENE Bureau, new 
actions in the SIS such as ‘contact SIRENE immediately’ and invalidated documents. 

Done at Brussels, 

For the Council 
The President 

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