Schengeninformatiesysteem: Raad bepaalt onderhandelingsstandpunt
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Persvoorlichter (Binnenlandse Zaken; Coördinatie terrorismebestrijding)
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On 8 November 2017, the Permanent Representatives Committee (Coreper) i endorsed, on behalf of the Council, a mandate for negotiations on three regulations on the use of the Schengen Information System:
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-in the field of police and judicial cooperation in criminal matters
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-in the field of border checks
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-for the return of illegally staying third-country nationals
On the basis of this mandate, the presidency will start negotiations with the European Parliament as soon as possible.
"The Schengen Information System is a vital tool for ensuring security in Europe. It has repeatedly proven its value in the fight against terrorism and serious crime. With these new regulations we look to build on existing experience, closing potential gaps in the system and further encouraging information sharing in the areas of security and migration management."
Andres Anvelt, minister of interior of Estonia
The draft regulations address potential gaps and introduce several changes to the current system.
They will help fight terrorism and serious crime, ensuring a high level of security in the EU, as well as contribute to migration management.
Alert categories
The draft regulations introduce additional categories of alerts to the system:
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-alerts issued for the purpose of inquiry checks, an intermediary step between discreet checks and arrests, which allows for interviews of individuals.
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-alerts on unknown suspects or wanted persons, which provide for the introduction into the SIS of fingerprints or palm prints discovered at the scenes of serious crimes or terrorist offences and which are considered as highly likely to belong to a perpetrator.
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-preventive alerts for children at risk of abduction, in particular parental abduction, as well as vulnerable persons who need to be prevented from travelling for their own protection (for example, where travel might lead to the risk of forced marriage, female genital mutilation, trafficking of human beings).
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-alerts for the purpose of return, which require the introduction of an alert in relation to return decisions issued to illegally staying third-country nationals, thus improving exchange of information in relation to return decisions.
They also expand the list of objects for which alerts can be issued, to include, among other, false documents and banknotes, as well as identifiable IT equipment.
In addition, the introduction of alerts in the SIS as regards entry bans for third-country nationals becomes compulsory.
Types of data
The draft regulations introduce the possibility of using facial images for identification purposes, in particular to ensure consistency in border control procedures. It also allows for the inclusion of a DNA profile to facilitate the identification of missing persons in cases where fingerprint data, photographs or facial images are not available.
Access to data
Under the draft regulations, Europol will be able to access all categories of data in the SIS. In addition, member states should share information on terrorism-related activity with Europol when introducing an alert in SIS, as well as hits and related information. This will allow Europol i's European Counter Terrorism Centre to check if there is any additional contextual information available in Europol's databases.
For the purposes set out in its mandate, the new European Border and Coast Guard Agency will also have access to the alert categories in SIS.
Background
The Schengen Information System is the most widely used and efficient IT system of the EU in the area of freedom, security and justice. The system contains more than 70 million alerts and, as a result, more than 5000 persons and objects are found each day throughout the Schengen area. In December 2016, the European Commission presented a legislative package to improve the SIS from a technical point of view and to respond to the development of certain forms of serious crime, including terrorism.