Council of the
European Union
Brussels, 21 February 2022
(OR. en)
6361/22
Interinstitutional File:
2020/0350(COD)
LIMITE
SIRIS 25
ENFOPOL 83
COPEN 54
SCHENGEN 20
COMIX 82
CODEC 180
IXIM 36
NOTE
From:
Presidency
To:
Working Party on JHA Information Exchange / Mixed Committee (EU-
Iceland/Norway and Switzerland/Liechtenstein)
No. prev. doc.:
5970/22
Subject:
Proposal for a Regulation of the European Parliament and of the Council
amending Regulation (EU) 2018/1862 on the establishment, operation and
use of the Schengen Information System (SIS) in the field of police
cooperation and judicial cooperation in criminal matters as regards the
entry of alerts by Europol
- four-column table
In view of the meeting of the Working Party on JHA Information Exchange on 24 February 2022,
delegations will find in annex the four-column table on the above-mentioned Regulation.
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Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Regulation (EU) 2018/1862 on the establishment, operation and use of the Schengen
Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters as
regards the entry of information alerts on third-country nationals in the interest of the Union by Europol
Version 21-02-2022
ST 12800/21
Commission Proposal
EP Mandate
Draft Agreement
Council Mandate
2020/0350 (COD)
2020/0350 (COD)
2020/0350 (COD)
2020/0350 (COD)
G
1
G
Text Origin: Council Mandate
Proposal for a
Proposal for a
Proposal for a
Proposal for a
REGULATION OF THE
REGULATION OF THE
REGULATION OF THE
REGULATION OF THE
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT
AND OF THE COUNCIL
AND OF THE COUNCIL
AND OF THE COUNCIL
AND OF THE COUNCIL
amending Regulation (EU)
amending Regulation (EU)
amending Regulation (EU)
amending Regulation (EU)
2018/1862 on the establishment,
2018/1862 on the establishment,
2018/1862 on the establishment,
2018/1862 on the establishment,
G
2
operation and use of the Schengen
operation and use of the Schengen
operation and use of the Schengen
operation and use of the Schengen
G
Information System (SIS) in the
Information System (SIS) in the
Information System (SIS) in the
Information System (SIS) in the
field of police cooperation and
field of police cooperation and
field of police cooperation and
field of police cooperation and
judicial cooperation in criminal
judicial cooperation in criminal
judicial cooperation in criminal
judicial cooperation in criminal
matters as regards the entry of
matters as regards the entry of
matters as regards the entry of
matters as regards the entry of
alerts by Europol
alerts by Europol
alerts by Europol
alerts by Europol
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Draft Agreement
Council Mandate
Text Origin: Council Mandate
THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT
AND THE COUNCIL OF THE
AND THE COUNCIL OF THE
AND THE COUNCIL OF THE
AND THE COUNCIL OF THE
G
3
EUROPEAN UNION,
EUROPEAN UNION,
EUROPEAN UNION,
EUROPEAN UNION,
G
Text Origin: Council Mandate
Having regard to the Treaty on the
Having regard to the Treaty on the
Having regard to the Treaty on the
Having regard to the Treaty on the
Functioning of the European
Functioning of the European
Functioning of the European
Functioning of the European
Union, and in particular point (a)
Union, and in particular point (a)
Union, and in particular point (a)
Union, and in particular point (a)
G
4
G
of Article 88(2) thereof,
of Article 88(2) thereof,
of Article 88(2) thereof,
of Article 88(2) thereof,
Text Origin: Council Mandate
Having regard to the proposal from Having regard to the proposal from Having regard to the proposal from Having regard to the proposal from
the European Commission,
the European Commission,
the European Commission,
the European Commission,
G
5
G
Text Origin: Council Mandate
After transmission of the draft
After transmission of the draft
After transmission of the draft
After transmission of the draft
legislative act to the national
legislative act to the national
legislative act to the national
legislative act to the national
G
6
parliaments,
parliaments,
parliaments,
parliaments,
G
Text Origin: Council Mandate
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Council Mandate
Acting in accordance with the
Acting in accordance with the
Acting in accordance with the
Acting in accordance with the
ordinary legislative procedure,
ordinary legislative procedure,
ordinary legislative procedure,
ordinary legislative procedure,
G
7
G
Text Origin: Council Mandate
Whereas:
Whereas:
Whereas:
Whereas:
G
8
G
Text Origin: Council Mandate
(1) The Schengen Information
(1) The Schengen Information
(1) The Schengen Information
(1) The Schengen Information
System (‘SIS’) constitutes an
System (
‘SIS’SIS) constitutes an
System (‘SIS’) constitutes an
System (‘SIS’) constitutes an
essential tool for maintaining a
essential tool for maintaining a
essential tool for maintaining a
essential tool for maintaining a
high level of security within the
high level of security within the
high level of security within the
high level of security within the
area of freedom, security and
area of freedom, security and
area of freedom, security and
area of freedom, security and
justice of the Union by supporting
justice of the Union by supporting
justice of the Union by supporting
justice of the Union by supporting
operational cooperation between
operational cooperation between
operational cooperation between
operational cooperation between
national competent authorities, in
national competentcompetent
national competent authorities, in
national competent authorities, in
particular border guards, the police,
national authorities, in particular
particular border guards, the police, particular border guards, the police,
9
customs authorities, immigration
border guards, the police, customs
customs authorities, immigration
customs authorities, immigration
authorities, and authorities
authorities, immigration
authorities, and authorities
authorities, and authorities
responsible for the prevention,
authorities, and authorities
responsible for the prevention,
responsible for the prevention,
detection, investigation or
responsible for the prevention,
detection, investigation or
detection, investigation or
prosecution of criminal offences or detection, investigation or
prosecution of criminal offences or prosecution of criminal offences or
execution of criminal penalties.
prosecution of criminal offences or execution of criminal penalties.
execution of criminal penalties.
Regulation (EU) 2018/1862 of the
execution of criminal penalties.
Regulation (EU) 2018/1862 of the
Regulation (EU) 2018/1862 of the
European Parliament and of the
Regulation (EU) 2018/1862 of the
European Parliament and of the
European Parliament and of the
Council1 constitutes the legal basis European Parliament and of the
Council1 constitutes the legal basis Council1 constitutes the legal basis
for SIS in respect of matters falling Council1 constitutes the legal basis for SIS in respect of matters falling for SIS in respect of matters falling
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within the scope of Chapters 4 and
for SIS in respect of matters falling within the scope of Chapters 4 and
within the scope of Chapters 4 and
5 of Title V of Part Three of the
within the scope of Chapters 4 and
5 of Title V of Part Three of the
5 of Title V of Part Three of the
Treaty on Functioning of the
5 of Title V of Part Three of the
Treaty on Functioning of the
Treaty on Functioning of the
European Union (TFEU).
Treaty on Functioning of the
European Union (TFEU).
European Union (TFEU).
_________
European Union (TFEU).
_________
_________
1. Regulation (EU) 2018/1862 of the
_________
1. Regulation (EU) 2018/1862 of the
1. Regulation (EU) 2018/1862 of the
European Parliament and of the Council of
1. Regulation (EU) 2018/1862 of the
European Parliament and of the Council of
European Parliament and of the Council of
28 November 2018 on the establishment,
European Parliament and of the Council of
28 November 2018 on the establishment,
28 November 2018 on the establishment,
operation and use of the Schengen
28 November 2018 on the establishment,
operation and use of the Schengen
operation and use of the Schengen
Information System (SIS) in the field of
operation and use of the Schengen
Information System (SIS) in the field of
Information System (SIS) in the field of
police cooperation and judicial cooperation Information System (SIS) in the field of
police cooperation and judicial cooperation police cooperation and judicial cooperation
in criminal matters, amending and
police cooperation and judicial cooperation
in criminal matters, amending and
in criminal matters, amending and
repealing Council Decision 2007/533/JHA,
in criminal matters, amending and
repealing Council Decision 2007/533/JHA,
repealing Council Decision 2007/533/JHA,
and repealing Regulation (EC) No
repealing Council Decision 2007/533/JHA,
and repealing Regulation (EC) No
and repealing Regulation (EC) No
1986/2006 of the European Parliament and
and repealing Regulation (EC) No
1986/2006 of the European Parliament and
1986/2006 of the European Parliament and
of the Council and Commission Decision
1986/2006 of the European Parliament and
of the Council and Commission Decision
of the Council and Commission Decision
2010/261/EU (OJ L 312, 7.12.2018, p. 56).
of the Council and Commission Decision
2010/261/EU (OJ L 312, 7.12.2018, p. 56).
2010/261/EU (OJ L 312, 7.12.2018, p. 56).
2010/261/EU (OJ L 312, 7.12.2018, p. 56).
Text Origin: Council Mandate
(2) Alerts on persons and objects
(2) Alerts on persons and objects
(2) Alerts on persons and objects
(2) Alerts on persons and objects
entered in SIS are in real time
entered in SIS are in real time
entered in SIS are in real time
entered in SIS are in real time
made available directly to all end-
made available
directly to all end-
made available directly to all end-
made available directly to all end-
users of the competent national
users of the competent
national
users of the competent national
users of the competent national
authorities of Member States that
authorities of Member States
that
authorities of Member States that
authorities of Member States
that
10
use SIS pursuant to Regulation
use SISauthorised to search SIS
use SIS pursuant to Regulation
useauthorised to search SIS
(EU) 2018/1862. SIS alerts contain
directly pursuant to Regulation
(EU) 2018/1862. SIS alerts contain pursuant to Regulation (EU)
information about a particular
(EU) 2018/1862.
The European
information about a particular
2018/1862.
person or object as well as
Union Agency for Law
person or object as well as
instructions for the authorities on
Enforcement Cooperation
instructions for the authorities on
The European Union Agency for
what to do when the person or
(Europol), established by
what to do when the person or
Law Enforcement Cooperation
object has been found.
Regulation (EU) 2016/794 of the
object has been found.
(Europol), established by
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Council Mandate
European Parliament and of the
Regulation (EU) 2016/794 of the
Council1a, national members of
European Parliament and of the
the European Union Agency for
Council1a, national members of
Criminal Justice Cooperation
the European Union Agency for
(Eurojust), established by
Criminal Justice Cooperation
Regulation (EU) 2018/1727 of the
(Eurojust), established by
European Parliament and of the
Regulation (EU) 2018/1727 of the
Council1b, and the teams of the
European Parliament and of the
European Border and Coast
Council1b, and the teams of the
Guard (EBCG), established by
European Border and Coast
Regulation(EU) 2019/1896 of the
Guard (EBCG), established by
European Parliament and of the
Regulation(EU) 2019/1896 of the
Council1c are also authorised to
European Parliament and of the
access and search data in SIS
Council1c are also authorised to
pursuant to their mandates, in
access and search data in SIS
accordance with Regulation (EU)
pursuant to their mandates, in
2018/1862. SIS alerts contain
accordance with Regulation (EU)
information
aboutallowing the
2018/1862.
competent national authorities
and the relevant Union agencies
SIS alerts contain information
to identify a particular person or
about a particular person or object
object as well as instructions for
as well as instructions for the
the authorities on what to do when
authorities on what to do when the
the person or object has been
person or object has been
foundlocated.
foundlocated.
Text Origin: Council Mandate
11
(3) The European Union Agency
(3)
The European Union Agency
(3) The European Union Agency
(3)
The European Union Agency
for Law Enforcement Cooperation
for Law Enforcement Cooperation
for Law Enforcement Cooperation
for Law Enforcement Cooperation
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(Europol), established by
(Europol), established by
(Europol), established by
(Europol), established by
Regulation (EU) 2016/794 of the
Regulation (EU) 2016/794 of the
Regulation (EU) 2016/794 of the
Regulation (EU) 2016/794 of the
European Parliament and of the
European Parliament and of the
European Parliament and of the
European Parliament and of the
Council1, plays an important role in
Council1, plays an important role
Council1, plays an important role in
Council1, plays an important role
the use of SIS and in the exchange
in the use ofEuropol plays an
the use of SIS and in the exchange
in the useEuropol plays an
of supplementary information with
important role in the fight against of supplementary information with
important role in the fight against
Member States on SIS alerts.
serious crime and terrorism by
Member States on SIS alerts.
serious crime and terrorism by
Nevertheless, according to existing
providing analyses and threat
Nevertheless, according to existing
providing analyses and threat
rules, alerts in SIS can only be
assessments to support the
rules, alerts in SIS can only be
assessments to support the
issued by Member States’
investigations of competent
issued by Member States’
investigations of competent
competent authorities.
national authorities. Nevertheless, competent authorities.
national authorities including by
_________
according to the existing rules,
_________
the means of using of SIS and in
1. Regulation (EU) 2016/794 of the
Europol is only able to use SIS
1.
[1] Regulation (EU) 2016/794 of
the exchange of supplementary
European Parliament and of the Council of
and
in theto exchange
of
the European Parliament and of the
information with Member States on
11 May 2016 on the European Union
Council of 11 May 2016 on the European
Agency for Law Enforcement Cooperation
supplementary information with
Union Agency for Law Enforcement
SIS alerts.
(Europol) and replacing and repealing
Member States on SIS alerts
.
Cooperation (Europol) and replacing and
Council Decisions 2009/371/JHA,
Nevertheless, according to existing repealing Council Decisions
The fight against serious crime
2009/934/JHA, 2009/935/JHA,
rules,, while alerts in SIS can only
2009/371/JHA, 2009/934/JHA,
and terrorism should be subject to
2009/936/JHA and 2009/968/JHA (OJ L
be issued by Member States’
2009/935/JHA, 2009/936/JHA and
continuous coordination amongst
135, 24.5.2016, p. 53–114).
2009/968/JHA (OJ L 135, 24.5.2016, p.
competent authorities.
53–114).
the Member States on the
_________
processing of data and on the
1.
Regulation (EU) 2016/794 of the
insertion of alerts into the SIS.
European Parliament and of the Council of
_________
11 May 2016 on the European Union
1.
[1] Regulation (EU) 2016/794 of
Agency for Law Enforcement Cooperation
the European Parliament and of the
(Europol) and replacing and repealing
Council of 11 May 2016 on the European
Council Decisions 2009/371/JHA,
Union Agency for Law Enforcement
2009/934/JHA, 2009/935/JHA,
Cooperation (Europol) and replacing and
2009/936/JHA and 2009/968/JHA (OJ L
repealing Council Decisions
135, 24.5.2016, p. 53–114).
2009/371/JHA, 2009/934/JHA,
2009/935/JHA, 2009/936/JHA and
2009/968/JHA (OJ L 135, 24.5.2016, p.
53–114).
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Text Origin: Council Mandate
(3a) The fight against serious
(3a)
The fight against serious
crime and terrorism should be
crime and terrorism should be
subject to continuous
subject to continuous coordination
11a
coordination amongst the
amongst the Member States on the
Member States on the processing processing of data and on the
of data and on the insertion of
insertion of alerts into the SIS.
alerts into the SIS.
Text Origin: Council Mandate
(4) Given the increasingly global
(4) Given the
increasingly global
(4) Given the increasingly global
(4) Given the
increasingly global
nature of serious crime and
nature of serious crime and
nature of serious crime and
nature of serious crime and
terrorism brought about by
terrorism
brought about by
terrorism brought about by
terrorism
brought about by
growing mobility, the information
growing mobility, the information
growing mobility, the information
growing mobility, the information
that third countries and
that third countries and
that third countries and
that third countries and
international organisations, such as international organisations
, such as international organisations, such as international organisations,
such as
the International Criminal Police
the International Criminal Police
the International Criminal Police
the International Criminal Police
Organization and the International
Organization and the International Organization and the International
Organization and the International
12
Criminal Court, obtain about
Criminal Court, obtain about
Criminal Court, obtain about
Criminal Court, obtain about
criminals and terrorists is
criminals and terrorists obtain
criminals and terrorists is
criminals and terroristsobtain
increasingly relevant for the
about perpetrators of serious
increasingly relevant for the
about perpetrators of serious
Union‘s security. Such information
crime and terrorism and persons
Union‘s security. Such information
crime and terrorism and persons
should contribute to the
suspected of serious crime and
should contribute to the
suspected of serious crime and
comprehensive efforts to ensure
terrorism is increasingly relevant
comprehensive efforts to ensure
terrorism is increasingly relevant
internal security in the European
for the Union‘s
internal security.
internal security in the European
for the Union‘s
internal security.
Union. Some of this information is
Such information should contribute Union. Some of this information is
Such information should contribute
only shared with Europol. While
to the comprehensive efforts to
only shared with Europol. While
to the comprehensive efforts to
Europol holds valuable information
ensure internal security in the
Europol holds valuable information
ensure internal security in the
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received from external partners on
European Union. Some of this
received from external partners on
European Union. Some of this
serious criminals and terrorists, it
informationSome of this
serious criminals and terrorists, it
information Some of this
cannot issue alerts in SIS. Member
information, in particular where
cannot issue alerts in SIS. Member
information in particular where
States are also not always able to
the person concerned is a third-
States are also not always able to
the person concerned is a third-
issue alerts in SIS on the basis of
country national, is only shared
issue alerts in SIS on the basis of
country national, is only shared
such information.
with Europol
. While Europol holds such information.
with Europol
. While Europol holds
valuable, which processes the
valuable which processes the
information
received from external
information
received from external
partners on serious criminals and
partners on serious criminals and
terrorists, it cannot issue alerts in
terrorists, it cannot issue alerts in
SIS.and shares the result of its
SIS.and shares the result of its
analyses with all Member States
analyses with Member States
are
are also not always able to issue
also not always able to issue alerts
alerts in SIS on the basis of such
in SIS on the basis of such
informationthrough the Europol
information.
information system and the
ETIAS watch-list.
Text Origin: Council Mandate
(4a) The operational need to
(4a) The operational need to
make verified information
make verified information
provided by a third-country
provided by a third-country
available to frontline officers, in
available to frontline officers, in
particular to border guards and
particular to border guards and
12a
police officers, has been widely
police officers, has been widely
acknowledged by the Member
acknowledged. However, the
States. However, the relevant end-
relevant end-users in the Member
users in the Member States do not
States do not always have access
always have access to this
to this valuable information
valuable information because,
because, inter alia, Member States
inter alia, Member States do not
are not always able to issue alerts
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have the capacity to verify the
in SIS on the basis of such
information or they are not able to
information due to national law.
issue alerts in SIS on the basis of
such information due to national
law.
(5) In order to bridge the gap in
(5)
In orderMember States have
(5) In order to bridge the gap in
(5) In order to bridge the gap in
information sharing on serious
sought to bridge the gap in
information sharing on serious
information sharing on serious
crime and terrorism, in particular
information sharing on
serious
crime and terrorism, in particular
crime and terrorism, in particular
on foreign terrorist fighters –
crime and terrorism, in particular
on foreign terrorist fighters –
on foreign terrorist fighters –
where the monitoring of their
on foreign terrorist fighters within where the monitoring of their
where the monitoring of their
movement is crucial – it is
the Union by defining a process
movement is crucial – it is
movement is crucial – it is
necessary to ensure Europol is able
for evaluating and possibly
necessary to ensure
that upon the
necessary to ensure that upon the
to make this information available
entering information from third
proposal of Europol
, Member
proposal of Europol, Member
directly and in real-time to front-
countries on suspected foreign
States are able to enter an alert
States are able to enter an alert in
line officers in Member States.
terrorist fighters
– where the
in the interest of the Union, is
the interest of the Union, to make
monitoring of their movement is
able to make this information
available this information
13
crucial – it is necessary to ensurein available directly and in real-time
availablesourced from third
SIS. However, this process is of a
to front-line officers in Member
countries and international
temporary nature and relies on
States.
organisations directly and in real-
the voluntary action of the
time to front-line officers in
Member States. This Regulation
Member States.
provides a permanent solution
which is effective and sustainable
Text Origin: Council Mandate
in the long term while making the
best possible use of the Europol’s
resources and role as an
information hub. Subject to strict
conditions, Europol
isshould be able to
make this
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informationleverage SIS to combat
serious crime and terrorism by
making available
verified
information sourced from third
countries directly and in real-time
to front-line officers in
the Member States.
(6) Europol should therefore be
(6) Europol should therefore be
(6) Europol should therefore be
authorised to enter alerts in SIS
authorised to enter alerts in SIS
authorised to enter alerts in SIS
Text Origin: Council Mandate
pursuant to Regulation (EU)
pursuant to Regulation (EU)
pursuant to Regulation (EU)
2018/1862, in full respect of
2018/1862, in
the general interest
2018/1862, in full respect of
14
fundamental rights and data
of the Union and in full respect of fundamental rights and data
protection rules.
fundamental rights and
the Union
protection rules.
data protection
rulesacquis and the competence of the Member States
to ensure internal security.
(7) To that end, a specific category (7) To that end, a specific category (7) To that end, a specific category (7) To that end, a specific category
of alert should be created in SIS, to of alert should be created in SIS, to of alert should be created in SIS, to of alert should be created in SIS, to
be issued exclusively by Europol,
be issued exclusively by Europol,
be issued exclusively by
by the
be issued by the Member States at
in order to inform end-users
in order to inform end-users
Member States at their
their discretion and subject to their
15
carrying out a search in SIS that
carryingauthorised in the Member discretion and subject to their
verification and analysis upon the
the person concerned is suspected
States to carry out a search in SIS
verification and analysis upon
proposal of Europol in the interest
of being involved in a criminal
that
Europol holds information
the proposal of Europol
in the
of the Union on third-country
offence in respect of which
indicating that the person
interest of the Union on third-
nationals, in order to inform end-
Europol is competent, and in order
concerned is suspected
of being
country nationals, in order to
users carrying out a search in SIS
for Europol to obtain confirmation
involved inor has been convicted
inform end-users carrying out a
that the person concerned is
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that the person who is subject to
of a criminal offence in respect of
search in SIS that the person
suspected of being involved in a
the alert has been located.
which Europol is competent
. In the concerned is suspected of being
criminal offence in respect of
event of a hit on an alert, the
involved in a criminal offence in
which Europol is competent, and in
frontline officer should
respect of which Europol is
order for Member States and
immediately report the hit to the
competent, and in order for
Europol to obtain confirmation that
national SIRENE Bureau, which
Member States and Europol to
the person who is subject to the
should confirm to Europol, and in obtain confirmation that the person alert has been located
and to
order for Europol to obtain
who is subject to the alert has been
obtain further information in
confirmation that the person who is located.
accordance with this Regulation.
subject to the alert has been
located.
The relevant national
Text Origin: Council Mandate
authorities of the Member State
concerned are to determine, on a
case-by-case basis, including
based on the background
information provided by Europol,
whether further measures need to
be taken with regard to the person
concerned. Such further measures
would take place under the full
discretion of the Member State
where the hit occurred in
accordance with its national law.
(8) In order to assess whether a
(8) In order to assess
, based on
(8) In order
for the requested
(8) In order for the requested
concrete case is adequate, relevant
objective criteria and in line with
Member State to assess whether a Member State to assess whether a
16
and important enough to warrant
the principles of necessity and
concrete case is adequate, relevant
concrete case is adequate, relevant
the entry of an alert in SIS, and in
proportionality, whether a concrete and important enough to warrant
and important enough to warrant
order to confirm the reliability of
case is adequate, relevant and
the entry of an alert in SIS, and in
the entry of an alert in SIS, and in
the source of information and the
important enough to warrant the
order to confirm the reliability of
order to confirm the reliability of
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accuracy of the information on the
entry of an alert in SIS, and in
the source of information and the
the source of information and the
person concerned, Europol should
order to confirm the reliability of
accuracy of the information on the
accuracy of the information on the
carry out a detailed individual
the source of information and the
person concerned, Europol should
person concerned, Europol should
assessment of each case including
accuracy of the information on the
carry out a detailed individual
share all of the information it holds
further consultations with the third
person concerned,
that the
assessment of each case including
on the case,
except information
country or international
information was not obtained in
further consultations with the third
which has clearly been obtained
organisation that shared the data on
breach of fundamental rights of
country or international
in obvious violation of human
the person concerned, as well as
the person and that it was not
organisation that shared the
rights, in particular the outcome of
further analysis of the case, in
communicated to Europol for
data
share all of the information it cross-checking the data against its
particular by cross checking it
unlawful purposes in violation of
holds on the person concerned, as
databases, information relating to
against information it already holds
human rights, Europol should
well as further analysis of the case, the accuracy and reliability of the
in its databases, to confirm the
carry out a detailed individual
in particular by cross checking it
data and the analysis of whether
accuracy of the information and
assessment of each case including
,
against information it already holds there are sufficient grounds for
complement it with other data on
where necessary, further
in
the outcome of cross-checking
considering that the person has
the basis of its own databases. The
consultations with the third country
the data against its databases, to
committed or taken part in, or will
detailed individual assessment
or international organisation that
confirm the accuracy of the
commit a criminal offence in
should include the analysis of
shared the data on the person
information and complement it
respect of which Europol is
whether there are sufficient
concerned,
consultations with
with other data on the basis of its
competent.
grounds for considering that the
Member States as well as further
own databases. The detailed
person has committed or taken part analysis of the case, in particular
individual assessment should
[Europol Regulation, Art. 23(9):
in, or will commit a criminal
by cross checking it against
include
information relating to
"Any information which has
offence in respect of which
information it already holds in its
the accuracy and reliability of
clearly been obtained in obvious
Europol is competent.
databases, to confirm the accuracy
the data and the analysis of
violation of human rights shall
of the information and complement whether there are sufficient
not be processed."]
it with other data on the basis of its grounds for considering that the
own databases. The detailed
person has committed or taken part Text Origin: Council Mandate
individual assessment should
in, or will commit a criminal
include the analysis of whether
offence in respect of which
there are sufficient grounds for
Europol is competent.
considering that the person has
committed or taken part in, or
there are reasonable grounds to
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believe that such a person will
commit a criminal offence in
respect of which Europol is
competent.
(8a) In order to ensure the
(8a) In order to ensure the
lawfulness, completeness and
lawfulness, completeness and
accuracy of SIS data, Europol
accuracy of SIS data, Europol
should transmit additional or
should
inform Member States
modified data in relation to an
without delay where Europol has
alert that was entered upon its
relevant additional or modified
proposal to the issuing Member
data in relation to its proposal to
State without delay, in order to
enter an alert in the SIS or
allow the issuing Member State
evidence suggesting that data
to complete or modify the alert,
included in its proposal are
in particular, if Europol becomes factually incorrect or have been
aware that the information
unlawfully stored. Europol should
16a
received from the authorities of a also transmit additional or
third country or international
modified data in relation to an alert
organisation was incorrect or
that was entered upon its proposal
was communicated to Europol
to the issuing Member State
for unlawful purposes, for
without delay, in order to allow the
example if sharing the
issuing Member State to complete
information on the person was
or modify the alert
,. Europol
motivated by political reasons.
should act in particular, if Europol
becomes aware that the
information received from the
authorities of a third country or
international organisation was
incorrect or was communicated to
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Europol for unlawful purposes, for
example if sharing the information
on the person was motivated by
political reasons.
Text Origin: Council Mandate
(9) Europol should only be able to (9) Europol should only be able to (9) Europol should only be able to
enter an alert in SIS if the person
enter an alert in SIS if the person
enter an alert in SIS if the person
Text Origin: Council Mandate
concerned is not already subject to
concerned is not already subject to
concerned is not already subject to
a SIS alert issued by a Member
a SIS alert issued by a Member
a SIS alert issued by a Member
State. A further precondition for
State. A further precondition for
State. A further precondition for
the creation of such an alert should the creation of such an alert should the creation of such an alert should
be that Member States do not
be that
no Member
States do not
be that Member States do not
object to the alert being issued in
objectState expressed a reasoned
object to the alert being issued in
SIS. Therefore, it is necessary to
objection to the alert being issued
SIS. Therefore, it is necessary to
establish rules on the obligations of in SIS
by Europol or notified its
establish rules on the obligations of
Europol prior to entering data in
intention to enter an alert on its
Europol prior to entering data in
17
SIS, in particular the obligation to
own behalf. Therefore, it is
SIS, in particular the obligation to
consult the Member States in line
necessary to establish rules on the
consult the Member States in line
with Regulation (EU) 2016/794. It
obligations of Europol prior to
with Regulation (EU) 2016/794. It
should also be possible for
entering data in SIS, in particular
should also be possible for
Member States to request the
the obligation to consult the
Member States to request the
deletion of an alert by Europol, in
Member States
and to obtain the
deletion of an alert by Europol, in
particular if they obtain new
approval of the Executive Director particular if they obtain new
information about the person who
of Europol in line with Regulation information about the person who
is the subject of the alert, if their
(EU) 2016/794.
Europol should
is the subject of the alert, if their
national security requires so or
provide reasons for each proposal national security requires so or
when it is likely that the alert
made to Member States for the
when it is likely that the alert
would represent a risk for official
entry of an alert in SIS and
would represent a risk for official
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or legal inquiries, investigations or
inform the Fundamental Rights
or legal inquiries, investigations or
procedures.
Officer and the Data Protection
procedures.
Officer whenever it enters an alert in SIS. It should also be possible
for Member States to request the
deletion of an alert by Europol,
in
particular ifwhere they intend to
issue an alert themselves, where they obtain new information about
the person who is the subject of the
alert
or have reasonable grounds
to believe that the data included in
the alert is not accurate, if their
national security requires so
, where
or when it is likely that the alert
would represent a risk for official
or legal inquiries, investigations or
procedures
, or where the alert
would lead to a disproportionate
interference with the fundamental
rights of the person concerned.
(10) Europol should keep records
(10) Europol should keep
detailed
(10) Europol should keep records
of the individual assessment of
records of
the individual
of the individual assessment of
Text Origin: Council Mandate
each case, which should include
assessment of each caseeach alert, each case, which should include
18
the grounds for entering the alert,
which should include the grounds
the grounds for entering the alert,
for the purposes of verifying the
for entering the alert, for the
for the purposes of verifying the
lawfulness of the data processing,
purposes of verifying the
lawfulness of the data processing,
self-monitoring and ensuring
lawfulness of the data processing,
self-monitoring and ensuring
proper data integrity and security.
self-monitoring and ensuring
proper data integrity and security.
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In accordance with Regulation
proper data integrity and security
,
In accordance with Regulation
(EU) 2016/794, Europol should co-
while ensuring full respect for
(EU) 2016/794, Europol should co-
operate with the European Data
fundamental rights enshrined in
operate with the European Data
Protection Supervisor and make
the Charter of Fundamental
Protection Supervisor and make
these records available upon
Rights of the European Union
these records available upon
request, so that they can be used
(Charter) and applicable data
request, so that they can be used
for monitoring processing
protection rules. In accordance
for monitoring processing
operations.
with Regulation (EU) 2016/794,
operations.
Europol should
co-operate with the European Data Protection
Supervisor and make these records
availablemake those records
available to the EDPS upon
request, so that they can be used
for monitoring processing
operations.
(11) It is necessary to establish
(11) It is necessary to establish
(11) It is necessary to establish
rules concerning the deletion of
rules concerning the deletion of
rules concerning the deletion of
Text Origin: Council Mandate
alerts entered in SIS by Europol.
alerts entered in SIS by Europol.
alerts entered in SIS by Europol.
An alert should be kept only for the An alert should be kept only for the An alert should be kept only for the
time required to achieve the
time required to achieve the
time required to achieve the
purpose for which it was entered. It purpose for which it was entered. It purpose for which it was entered. It
19
is therefore appropriate to set out
is therefore appropriate to set out
is therefore appropriate to set out
detailed criteria to determine when detailed criteria to determine when detailed criteria to determine when
the alert should be deleted. An alert the alert should be deleted. An alert the alert should be deleted. An alert
entered by Europol in SIS should
entered by Europol in SIS should
entered by Europol in SIS should
be deleted in particular if a
be deleted
in particular ifafter
be deleted in particular if a
Member State objects, another alert
expiry of the alert, or where a
Member State objects, another alert
is entered in SIS by a Member
Member State
objects, notifies its
is entered in SIS by a Member
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State, or if Europol becomes aware
reasoned objection thereto, or
State, or if Europol becomes aware
that the information received from
where another alert is entered
or
that the information received from
the third country or international
about to be entered in in SIS by a
the third country or international
organisation was incorrect or was
Member State
with regard to the
organisation was incorrect or was
communicated to Europol for
same person, where the person
communicated to Europol for
unlawful purposes, for example if
subject to the alert is no longer
unlawful purposes, for example if
sharing the information on the
suspected of having committed or
sharing the information on the
person was motivated by political
taken part in a crime or where, or
person was motivated by political
reasons.
if Europol
or a Member State
reasons.
becomes aware
, based on new
information, that the information
received from the third country or
international organisation was
incorrect or was communicated to
Europol for unlawful purposes
, for
example if sharing the information
on the person was motivated by
political reasons in violation of
human rights.
(12) When entering alerts in SIS,
(12) When entering alerts in SIS,
(12) When entering alerts in SIS,
Europol should be bound by the
Europol should be bound by
the
Europol should be bound by the
Text Origin: Council Mandate
same requirements and obligations
same requirements and obligations same requirements and obligations
applicable to the Member States
equivalent to those that are
applicable to the Member States
20
pursuant to Regulation (EU)
applicable to the Member States
pursuant to Regulation (EU)
2018/1862 when they enter alerts
pursuant to Regulation (EU)
2018/1862 when they enter alerts
in SIS. In particular, Europol
2018/1862
when they enter alerts
in SIS. In particular, Europol
should comply with common
in SIS. In particular, Europol
should comply with common
standards, protocols and technical
should comply with common
standards, protocols and technical
procedures established to ensure
standards, protocols and technical
procedures established to ensure
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the compatibility of its technical
procedures established to ensure
the compatibility of its technical
interface with Central SIS for the
the compatibility of its technical
interface with Central SIS for the
prompt and effective transmission
interface with Central SIS for the
prompt and effective transmission
of data. Requirements concerning
prompt and effective transmission
of data. Requirements concerning
general data processing rules,
of data. Requirements concerning
general data processing rules,
proportionality, data quality, data
general data processing rules,
proportionality, data quality, data
security, reporting and obligations
proportionality, data quality, data
security, reporting and obligations
related to collecting statistics
security, reporting and obligations
related to collecting statistics
applicable to Member States when
related to collecting statistics
applicable to Member States when
entering alerts in SIS should apply
applicable to Member States when
entering alerts in SIS should apply
to Europol as well.
entering alerts in SIS should
also
to Europol as well.
apply to Europol
. Furthermore,
personal data processed by
Europol should be subject to an
equivalent level of protection as
that applicable to personal data
processed by Member States as
well.
(13) Regulation (EU) 2018/1725
(13) Regulation (EU) 2018/1725
(13) Regulation (EU) 2018/1725
of the European Parliament and of
of the European Parliament and of
of the European Parliament and of
the Council1 and Regulation (EU)
the Council1 and Regulation (EU)
the Council1 and Regulation (EU)
2016/794 should apply to the
2016/794 should apply to the
2016/794 should apply to the
processing of personal data by
processing of personal data by
processing of personal data by
21
Europol when carrying out its
Europol when carrying out its
Europol when carrying out its
responsibilities under this
responsibilities under this
responsibilities under this
Regulation. The European Data
Regulation. The European Data
Regulation.
Protection Supervisor should carry
Protection Supervisor should carry _________
out periodic audits on the data
out periodic audits on the data
1. Regulation (EU) 2018/1725 of the
processing of Europol concerning
processing of Europol concerning
European Parliament and of the Council of
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SIS and the exchange of
SIS and the exchange of
23 October 2018 on the protection of
supplementary information.
supplementary information.
individuals with regard to the processing of
_________
_________
personal data by the Union institutions,
bodies, offices and agencies and on the free
1. Regulation (EU) 2018/1725 of the
1. Regulation (EU) 2018/1725 of the
movement of such data, and repealing
European Parliament and of the Council of
European Parliament and of the Council of
Regulation (EC) No 45/2001 and Decision
23 October 2018 on the protection of
23 October 2018 on the protection of
No 1247/2002/EC (OJ L 295, 21.11.2018,
individuals with regard to the processing of
individuals with regard to the processing of p. 39).
personal data by the Union institutions,
personal data by the Union institutions,
bodies, offices and agencies and on the free
bodies, offices and agencies and on the free Text Origin: Council Mandate
movement of such data, and repealing
movement of such data, and repealing
Regulation (EC) No 45/2001 and Decision
Regulation (EC) No 45/2001 and Decision
No 1247/2002/EC (OJ L 295, 21.11.2018,
No 1247/2002/EC (OJ L 295, 21.11.2018,
p. 39).
p. 39).
(13a) It is intended that the
(13a) It is intended that the
preparations, subject to specific
preparations for the
time-limits, for Europol entering,
implementation on information
updating and deleting alerts in
alerts in the interest of the Union
21a
SIS pursuant to this Regulation
do not have an impact on the use
do not have an impact on the use
of SIS.
of SIS for alerts issued by Member
States defined in Regulation
2018/1862.
(14) Since the objectives of this
(14) Since the objectives of this
(14) Since the objectives of this
(14) Since the objectives of this
Regulation, namely the
Regulation, namely the
Regulation, namely the
Regulation, namely the
22
establishment and regulation of a
establishment and regulation of a
establishment and regulation of a
establishment and regulation of a
specific alert category issued by
specific
alert categorycategory of
specific alert category issued by
specific alert category issued by
Europol in SIS in order to
alerts issued by Europol in SIS in
Member States upon a proposal
Member States upon a proposal by
exchange information on persons
order to exchange information on
by Europol in
the interest of the
Europol in the interest of the Union
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who represent a threat to the
persons who represent a threat to
Union in SIS in order to exchange
in SIS in order to exchange
internal security of the European
the internal security of the
information on persons who
information on persons
who
Union, cannot be sufficiently
European Unionthird-country
represent a threat to the internal
represent a threat to the internal
achieved by the Member States,
nationals suspected of having
security of the European Union,
security of the European
but can rather, by reason of their
committed or taken part in a
cannot be sufficiently achieved by
Unioninvolved in terrorism or in
nature be better achieved at Union
criminal offence, on whom there
the Member States, but can rather,
serious and organised crime,
level, the Union may adopt
are factual indications or
by reason of their nature be better
cannot be sufficiently achieved by
measures in accordance with the
reasonable grounds to believe that achieved at Union level, the Union the Member States, but can rather,
principle of subsidiarity, as set out
they will commit a criminal
may adopt measures in accordance by reason of their nature be better
in Article 5 of the Treaty on
offence in respect of which
with the principle of subsidiarity,
achieved at Union level, the Union
European Union (TEU). In
Europol is competent, or who
as set out in Article 5 of the Treaty may adopt measures in accordance
accordance with the principle of
have been convicted of a criminal
on European Union (TEU). In
with the principle of subsidiarity,
proportionality, as set out in that
offence, cannot be sufficiently
accordance with the principle of
as set out in Article 5 of the Treaty
Article, this Regulation does not go achieved by the Member States,
proportionality, as set out in that
on European Union (TEU). In
beyond what is necessary in order
but can rather, by reason of their
Article, this Regulation does not go accordance with the principle of
to achieve those objectives.
nature be better achieved at Union
beyond what is necessary in order
proportionality, as set out in that
level, the Union may adopt
to achieve those objectives.
Article, this Regulation does not go
measures in accordance with the
beyond what is necessary in order
principle of subsidiarity, as set out
to achieve those objectives.
in Article 5 of the Treaty on
European Union (TEU). In
Text Origin: Council Mandate
accordance with the principle of
proportionality, as set out in that
Article, this Regulation does not go
beyond what is necessary in order
to achieve those objectives.
(15) This Regulation respects
(15) This Regulation
fully respects (15) This Regulation respects
(15) This Regulation
fully respects
23
fundamental rights and observes
fundamental rights and observes
fundamental rights and observes
fundamental rights and observes
the principles recognised in
the principles recognised
in
the principles recognised in
the principles
recognised in
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particular by the Charter of
particular by the
Charter of
particular by the Charter of
particular by the Charter of
Fundamental Rights of the
Fundamental Rights of the
Fundamental Rights of the
Fundamental Rights of the
European Union. In particular, this
European UnionTreaty of the
European Union. In particular, this European Union
and in the TEU.
Regulation fully respects the
European Union (TEU) and the
Regulation fully respects the
In particular, this Regulation fully
protection of personal data in
Charter. In particular, this
protection of personal data in
respects the protection of personal
accordance with Article 8 of the
Regulation fully respects the
accordance with Article 8 of the
data in accordance with Article
16
Charter of Fundamental Rights of
protection of personal data in
Charter of Fundamental Rights of
TFEU, Article 8 of the Charter
of
the European Union while seeking
accordance with Article
16 TEU,
the European Union while seeking
Fundamental Rights of the
to ensure a safe environment for all
Article 8 of the Charter
of
to ensure a safe environment for all
European Union while seekingand
persons residing on the territory of
Fundamental Rights of the
persons residing on the territory of
the applicable data protection
the Union.
European Union while seekingand the Union.
rules. This regulation also seeks to
the applicable data protection
ensure a safe environment for all
rules set out in Regulation (EU)
persons residing on the territory of
2018/1725 and Regulation (EU)
the Union.
2016/794 as amended by
Regulation (EU) [XXX]. This
Text Origin: Council Mandate
Regulation also seeks to ensure a
safe environment for all persons
residing on the territory of the
Union.
(16) In accordance with Articles 1
(16) In accordance with Articles 1 (16) In accordance with Articles 1
and 2 of Protocol No 22 on the
and 2 of Protocol No 22 on the
and 2 of Protocol No 22 on the
Position of Denmark annexed to
Position of Denmark annexed to
Position of Denmark annexed to
the TEU and to the TFEU,
the TEU and to the TFEU,
the TEU and to the TFEU,
G
24
Denmark is not taking part in the
Denmark is not taking part in the
Denmark is not taking part in the
G
adoption of this Regulation and is
adoption of this Regulation and is
adoption of this Regulation and is
not bound by it or subject to its
not bound by it or subject to its
not bound by it or subject to its
application. Given that this
application. Given that this
application. Given that this
Regulation builds upon the
Regulation builds upon the
Regulation builds upon the
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Schengen acquis, Denmark shall,
Schengen acquis, Denmark shall,
Schengen acquis, Denmark shall,
in accordance with Article 4 of that
in accordance with Article 4 of that in accordance with Article 4 of that
Protocol, decide within a period of
Protocol, decide within a period of
Protocol, decide within a period of
six months after the Council has
six months after the Council has
six months after the Council has
decided on this Regulation whether
decided on this Regulation whether decided on this Regulation whether
it will implement it in its national
it will implement it in its national
it will implement it in its national
law.
law.
law.
Text Origin: Council Mandate
(17) Ireland is taking part in this
(17) Ireland is taking part in this
(17) Ireland is taking part in this
Regulation in accordance with
Regulation in accordance with
Regulation in accordance with
Article 5(1) of Protocol No 19
Article 5(1) of Protocol No 19
Article 5(1) of Protocol No 19
annexed to the TEU and to the
annexed to the TEU and to the
annexed to the TEU and to the
TFEU and Article 6(2) of Council
TFEU and Article 6(2) of Council
TFEU and Article 6(2) of Council
Decision 2002/192/EC1 and
Decision 2002/192/EC1 and
Decision 2002/192/EC1 and
Council Implementing Decision
Council Implementing Decision
Council Implementing Decision
(EU) 2020/17452.
(EU) 2020/17452.
(EU) 2020/17452.
_________
_________
_________
1. Council Decision 2002/192/EC of 28
1. Council Decision 2002/192/EC of 28
1. Council Decision 2002/192/EC of 28
G
25
G
February 2002 concerning Ireland's request
February 2002 concerning Ireland's request February 2002 concerning Ireland's request
to take part in some of the provisions of the
to take part in some of the provisions of the to take part in some of the provisions of the
Schengen acquis (OJ L 64, 7.3.2002, p.
Schengen acquis (OJ L 64, 7.3.2002, p.
Schengen acquis (OJ L 64, 7.3.2002, p.
20).
20).
20).
2. Council Implementing Decision (EU)
2. Council Implementing Decision (EU)
2. Council Implementing Decision (EU)
2020/1745 of 18 November 2020 on the
2020/1745 of 18 November 2020 on the
2020/1745 of 18 November 2020 on the
putting into effect of the provisions of the
putting into effect of the provisions of the
putting into effect of the provisions of the
Schengen acquis on data protection and on
Schengen acquis on data protection and on
Schengen acquis on data protection and on
the provisional putting into effect of certain
the provisional putting into effect of certain the provisional putting into effect of certain
provisions of the Schengen acquis in
provisions of the Schengen acquis in
provisions of the Schengen acquis in
Ireland (OJ L 393, 23.11.2020, p. 3).
Ireland (OJ L 393, 23.11.2020, p. 3).
Ireland (OJ L 393, 23.11.2020, p. 3).
Text Origin: Council Mandate
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(18) As regards Iceland and
(18) As regards Iceland and
(18) As regards Iceland and
Norway, this Regulation
Norway, this Regulation
Norway, this Regulation
constitutes a development of
constitutes a development of
constitutes a development of
provisions of the Schengen acquis
provisions of the Schengen acquis
provisions of the Schengen acquis
within the meaning of the
within the meaning of the
within the meaning of the
Agreement concluded by the
Agreement concluded by the
Agreement concluded by the
Council of the European Union and
Council of the European Union and Council of the European Union and
the Republic of Iceland and the
the Republic of Iceland and the
the Republic of Iceland and the
Kingdom of Norway concerning
Kingdom of Norway concerning
Kingdom of Norway concerning
the latters' association with the
the latters' association with the
the latters' association with the
implementation, application and
implementation, application and
implementation, application and
development of the Schengen
development of the Schengen
development of the Schengen
acquis1, which fall within the area
acquis1, which fall within the area
acquis1, which fall within the area
G
26
referred to in Article 1, point (G) of
referred to in Article 1, point (G) of referred to in Article 1, point (G) of G
Council Decision 1999/437/EC2.
Council Decision 1999/437/EC2.
Council Decision 1999/437/EC2.
_________
_________
_________
1. OJ L 176, 10.7.1999, p. 36.
1. OJ L 176, 10.7.1999, p. 36.
1. OJ L 176, 10.7.1999, p. 36.
2. Council Decision 1999/437/EC of 17
2. Council Decision 1999/437/EC of 17
2. Council Decision 1999/437/EC of 17
May 1999 on certain arrangements for the
May 1999 on certain arrangements for the
May 1999 on certain arrangements for the
application of the Agreement concluded by
application of the Agreement concluded by
application of the Agreement concluded by
the Council of the European Union and the
the Council of the European Union and the
the Council of the European Union and the
Republic of Iceland and the Kingdom of
Republic of Iceland and the Kingdom of
Republic of Iceland and the Kingdom of
Norway concerning the association of
Norway concerning the association of
Norway concerning the association of
those two States with the implementation,
those two States with the implementation,
those two States with the implementation,
application and development of the
application and development of the
application and development of the
Schengen acquis (OJ L 176, 10.7.1999, p.
Schengen acquis (OJ L 176, 10.7.1999, p.
Schengen acquis (OJ L 176, 10.7.1999, p.
31).
31).
31).
Text Origin: Council Mandate
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Council Mandate
(19) As regards Switzerland, this
(19) As regards Switzerland, this
(19) As regards Switzerland, this
Regulation constitutes a
Regulation constitutes a
Regulation constitutes a
development of the provisions of
development of the provisions of
development of the provisions of
the Schengen acquis within the
the Schengen acquis within the
the Schengen acquis within the
meaning of the Agreement between
meaning of the Agreement between meaning of the Agreement between
the European Union, the European
the European Union, the European
the European Union, the European
Community and the Swiss
Community and the Swiss
Community and the Swiss
Confederation on the Swiss
Confederation on the Swiss
Confederation on the Swiss
Confederation's association with
Confederation's association with
Confederation's association with
the implementation, application
the implementation, application
the implementation, application
and development of the Schengen
and development of the Schengen
and development of the Schengen
acquis1, which fall within the area
acquis1, which fall within the area
acquis1, which fall within the area
referred to in Article 1, point (G),
referred to in Article 1, point (G),
referred to in Article 1, point (G),
G
27
of Decision 1999/437/EC read in
of Decision 1999/437/EC read in
of Decision 1999/437/EC read in
G
conjunction with Article 3 of
conjunction with Article 3 of
conjunction with Article 3 of
Council Decision 2008/149/JHA2.
Council Decision 2008/149/JHA2.
Council Decision 2008/149/JHA2.
_________
_________
_________
1. OJ L 53, 27.2.2008, p. 52.
1. OJ L 53, 27.2.2008, p. 52.
1. OJ L 53, 27.2.2008, p. 52.
2. Council Decision 2008/149/JHA of 28
2. Council Decision 2008/149/JHA of 28
2. Council Decision 2008/149/JHA of 28
January 2008 on the conclusion on behalf
January 2008 on the conclusion on behalf
January 2008 on the conclusion on behalf
of the European Union of the Agreement
of the European Union of the Agreement
of the European Union of the Agreement
between the European Union, the European
between the European Union, the European between the European Union, the European
Community and the Swiss Confederation
Community and the Swiss Confederation
Community and the Swiss Confederation
on the Swiss Confederation's association
on the Swiss Confederation's association
on the Swiss Confederation's association
with the implementation, application and
with the implementation, application and
with the implementation, application and
development of the Schengen acquis (OJ L
development of the Schengen acquis (OJ L
development of the Schengen acquis (OJ L
53, 27.2.2008, p. 50).
53, 27.2.2008, p. 50).
53, 27.2.2008, p. 50).
Text Origin: Council Mandate
G
28
(20) As regards Liechtenstein, this
(20) As regards Liechtenstein, this (20) As regards Liechtenstein, this G
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EP Mandate
Draft Agreement
Council Mandate
Regulation constitutes a
Regulation constitutes a
Regulation constitutes a
development of the provisions of
development of the provisions of
development of the provisions of
the Schengen acquis within the
the Schengen acquis within the
the Schengen acquis within the
meaning of the Protocol between
meaning of the Protocol between
meaning of the Protocol between
the European Union, the European
the European Union, the European
the European Union, the European
Community, the Swiss
Community, the Swiss
Community, the Swiss
Confederation and the Principality
Confederation and the Principality
Confederation and the Principality
of Liechtenstein on the accession
of Liechtenstein on the accession
of Liechtenstein on the accession
of the Principality of Liechtenstein
of the Principality of Liechtenstein of the Principality of Liechtenstein
to the Agreement between the
to the Agreement between the
to the Agreement between the
European Union, the European
European Union, the European
European Union, the European
Community and the Swiss
Community and the Swiss
Community and the Swiss
Confederation on the Swiss
Confederation on the Swiss
Confederation on the Swiss
Confederation's association with
Confederation's association with
Confederation's association with
the implementation, application
the implementation, application
the implementation, application
and development of the Schengen
and development of the Schengen
and development of the Schengen
acquis1, which fall within the area
acquis1, which fall within the area
acquis1, which fall within the area
referred to in Article 1, point (G),
referred to in Article 1, point (G),
referred to in Article 1, point (G),
of Decision 1999/437/EC read in
of Decision 1999/437/EC read in
of Decision 1999/437/EC read in
conjunction with Article 3 of
conjunction with Article 3 of
conjunction with Article 3 of
Council Decision 2011/349/EU2.
Council Decision 2011/349/EU2.
Council Decision 2011/349/EU2.
_________
_________
_________
1. OJ L 160, 18.6.2011, p. 21.
1. OJ L 160, 18.6.2011, p. 21.
1. OJ L 160, 18.6.2011, p. 21.
2. Council Decision 2011/349/EU of 7
2. Council Decision 2011/349/EU of 7
2. Council Decision 2011/349/EU of 7
March 2011 on the conclusion on behalf of
March 2011 on the conclusion on behalf of
March 2011 on the conclusion on behalf of
the European Union of the Protocol
the European Union of the Protocol
the European Union of the Protocol
between the European Union, the European
between the European Union, the European between the European Union, the European
Community, the Swiss Confederation and
Community, the Swiss Confederation and
Community, the Swiss Confederation and
the Principality of Liechtenstein on the
the Principality of Liechtenstein on the
the Principality of Liechtenstein on the
accession of the Principality of
accession of the Principality of
accession of the Principality of
Liechtenstein to the Agreement between
Liechtenstein to the Agreement between
Liechtenstein to the Agreement between
the European Union, the European
the European Union, the European
the European Union, the European
Community and the Swiss Confederation
Community and the Swiss Confederation
Community and the Swiss Confederation
on the Swiss Confederation's association
on the Swiss Confederation's association
on the Swiss Confederation's association
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with the implementation, application and
with the implementation, application and
with the implementation, application and
development of the Schengen acquis,
development of the Schengen acquis,
development of the Schengen acquis,
relating in particular to judicial cooperation
relating in particular to judicial cooperation relating in particular to judicial cooperation
in criminal matters and police cooperation
in criminal matters and police cooperation
in criminal matters and police cooperation
(OJ L 160, 18.6.2011, p. 1).
(OJ L 160, 18.6.2011, p. 1).
(OJ L 160, 18.6.2011, p. 1).
Text Origin: Council Mandate
(21) As regards Bulgaria and
(21) As regards Bulgaria and
(21) As regards Bulgaria and
Romania, this Regulation
Romania, this Regulation
Romania, this Regulation
constitutes an act building upon, or
constitutes an act building upon, or constitutes an act building upon, or
otherwise relating to, the Schengen
otherwise relating to, the Schengen otherwise relating to, the Schengen
acquis within the meaning of
acquis within the meaning of
acquis within the meaning of
Article 4(2) of the 2005 Act of
Article 4(2) of the 2005 Act of
Article 4(2) of the 2005 Act of
Accession and should be read in
Accession and should be read in
Accession and should be read in
conjunction with Council
conjunction with Council
conjunction with Council
Decisions 2010/365/EU1 and (EU)
Decisions 2010/365/EU1 and (EU)
Decisions 2010/365/EU1 and (EU)
2018/9342.
2018/9342.
2018/9342.
_________
_________
_________
G
29
1. Council Decision 2010/365/EU of 29
1. Council Decision 2010/365/EU of 29
1. Council Decision 2010/365/EU of 29
G
June 2010 on the application of the
June 2010 on the application of the
June 2010 on the application of the
provisions of the Schengen acquis relating
provisions of the Schengen acquis relating
provisions of the Schengen acquis relating
to the Schengen Information System in the
to the Schengen Information System in the
to the Schengen Information System in the
Republic of Bulgaria and Romania (OJ L
Republic of Bulgaria and Romania (OJ L
Republic of Bulgaria and Romania (OJ L
166, 1.7.2010, p. 17).
166, 1.7.2010, p. 17).
166, 1.7.2010, p. 17).
2. Council Decision (EU) 2018/934 of 25
2. Council Decision (EU) 2018/934 of 25
2. Council Decision (EU) 2018/934 of 25
June 2018 on the putting into effect of the
June 2018 on the putting into effect of the
June 2018 on the putting into effect of the
remaining provisions of the Schengen
remaining provisions of the Schengen
remaining provisions of the Schengen
acquis relating to the Schengen
acquis relating to the Schengen
acquis relating to the Schengen
Information System in the Republic of
Information System in the Republic of
Information System in the Republic of
Bulgaria and Romania (OJ L 165,
Bulgaria and Romania (OJ L 165,
Bulgaria and Romania (OJ L 165,
2.7.2018, p. 37).
2.7.2018, p. 37).
2.7.2018, p. 37).
Text Origin: Council Mandate
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Draft Agreement
Council Mandate
(22) As regards Croatia, this
(22) As regards Croatia, this
(22) As regards Croatia, this
Regulation constitutes an act
Regulation constitutes an act
Regulation constitutes an act
building upon, or otherwise
building upon, or otherwise
building upon, or otherwise
relating to, the Schengen acquis
relating to, the Schengen acquis
relating to, the Schengen acquis
within the meaning of Article 4(2)
within the meaning of Article 4(2)
within the meaning of Article 4(2)
of the 2011 Act of Accession and
of the 2011 Act of Accession and
of the 2011 Act of Accession and
should be read in conjunction with
should be read in conjunction with
should be read in conjunction with
Council Decision (EU) 2017/7331.
Council Decision (EU) 2017/7331.
Council Decision (EU) 2017/7331.
G
30
G
_________
_________
_________
1. Council Decision (EU) 2017/733 of 25
1. Council Decision (EU) 2017/733 of 25
1. Council Decision (EU) 2017/733 of 25
April 2017 on the application of the
April 2017 on the application of the
April 2017 on the application of the
provisions of the Schengen acquis relating
provisions of the Schengen acquis relating
provisions of the Schengen acquis relating
to the Schengen Information System in the
to the Schengen Information System in the
to the Schengen Information System in the
Republic of Croatia (OJ L 108, 26.4.2017,
Republic of Croatia (OJ L 108, 26.4.2017,
Republic of Croatia (OJ L 108, 26.4.2017,
p. 31).
p. 31).
p. 31).
Text Origin: Council Mandate
(23) Concerning Cyprus, this
(23) Concerning Cyprus, this
(23) Concerning Cyprus, this
Regulation constitutes an act
Regulation constitutes an act
Regulation constitutes an act
building upon, or otherwise
building upon, or otherwise
building upon, or otherwise
relating to, the Schengen acquis
relating to, the Schengen acquis
relating to, the Schengen acquis
G
31
within the meaning of Article 3(2)
within the meaning of Article 3(2)
within the meaning of Article 3(2)
G
of the 2003 Act of Accession [to
of the 2003 Act of Accession [to
of the 2003 Act of Accession [to
add eventual Council Decision].
add eventual Council Decision].
add eventual Council Decision].
Text Origin: Council Mandate
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Draft Agreement
Council Mandate
(24) The European Data
(24) The European Data
(24) The European Data
Protection Supervisor was
Protection Supervisor was
Protection Supervisor was
consulted, in accordance with
consulted, in accordance with
consulted, in accordance with
Article 41(2) of Regulation (EU)
Article 41(2) of Regulation (EU)
Article 41(2) of Regulation (EU)
2018/1725 of the European
2018/1725 of the European
2018/1725 of the European
Parliament and the Council1.
Parliament and the Council1.
Parliament and the Council1.
_________
_________
_________
1. Regulation (EU) 2018/1725 of the
1. Regulation (EU) 2018/1725 of the
1. Regulation (EU) 2018/1725 of the
European Parliament and of the Council of
European Parliament and of the Council of
European Parliament and of the Council of
G
32
G
23 October 2018 on the protection of
23 October 2018 on the protection of
23 October 2018 on the protection of
natural persons with regard to the
natural persons with regard to the
natural persons with regard to the
processing of personal data by the Union
processing of personal data by the Union
processing of personal data by the Union
institutions, bodies, offices and agencies
institutions, bodies, offices and agencies
institutions, bodies, offices and agencies
and on the free movement of such data, and
and on the free movement of such data, and and on the free movement of such data, and
repealing Regulation (EC) No 45/2001 and
repealing Regulation (EC) No 45/2001 and
repealing Regulation (EC) No 45/2001 and
Decision No 1247/2002/EC (OJ L 295,
Decision No 1247/2002/EC (OJ L 295,
Decision No 1247/2002/EC (OJ L 295,
21.11.2018, p. 39).
21.11.2018, p. 39).
21.11.2018, p. 39).
Text Origin: Council Mandate
(25) Regulation (EU) No
(25) Regulation (EU) No
(25) Regulation (EU) No
(25) Regulation (EU) No
2018/1862 should therefore be
2018/1862 should therefore be
2018/1862 should therefore be
2018/1862 should therefore be
G
33
amended accordingly,
amended accordingly,
amended accordingly,
amended accordingly,
G
Text Origin: Council Mandate
HAVE ADOPTED THIS
HAVE ADOPTED THIS
HAVE ADOPTED THIS
HAVE ADOPTED THIS
G
34
REGULATION:
REGULATION:
REGULATION:
REGULATION:
G
Text Origin: Council Mandate
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Council Mandate
Article 1
Article 1
Article 1
Amendments to Regulation (EU)
Amendments to Regulation (EU)
Amendments to Regulation (EU)
G
35
2018/1862
2018/1862
2018/1862
G
Text Origin: Council Mandate
(1) In Article 2, paragraph 2 is
(1) In Article 2, paragraph 2 is
G
36
replaced by the following:
replaced by the following:
Text Origin: Council Mandate
G
‘
‘
‘
‘
2. This Regulation also lays
2.
This Regulation also lays
2. This Regulation also lays
down provisions on the technical
down provisions on the technical
down provisions on the technical
’
architecture of SIS, on the
architecture of SIS, on the
architecture of SIS, on the
responsibilities of the Member
responsibilities of the Member
responsibilities of the Member
Text Origin: Council Mandate
States, the European Union
States, the European Union
States, the European Union
Agency for Law Enforcement
Agency for Law Enforcement
Agency for Law Enforcement
Cooperation (‘Europol’) and of the Cooperation (
‘Europol
’) and of the Cooperation (‘Europol’) and of the
G
37
European Union Agency for the
European Union Agency for the
European Union Agency for the
G
Operational Management of Large- Operational Management of Large- Operational Management of Large-
Scale IT Systems in the Area of
Scale IT Systems in the Area of
Scale IT Systems in the Area of
Freedom, Security and Justice (eu-
Freedom, Security and Justice (eu-
Freedom, Security and Justice (eu-
LISA), on data processing, on the
LISA), on data processing, on the
LISA), on data processing, on the
rights of the persons concerned and rights of the persons concerned
rights of the persons concerned and
on liability.
and, on liability
and
on liability.
’
accountability.
’
’
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Council Mandate
(1a) In Article 3, point 8 is
(1a) In Article 3, point 8 is
37a
replaced by the following:
replaced by the following:
Text Origin: Council Mandate
"
"
(8) ‘flag’ means a suspension of
(8) ‘flag’ means a suspension of
the validity of an alert at the
the validity of an alert at the
national level that may be added
national level that may be added to
to alerts for arrest, alerts on
alerts for arrest, alerts on missing
missing and vulnerable persons,
and vulnerable persons, alerts for
alerts for discreet, inquiry and
discreet, inquiry and specific
specific checks and information
checks and information alerts on
alerts on third-country nationals third-country nationals in the
in the interest of the Union;'
interest of the Union;'
37b
"
[Check the use of the terms
"information alerts on third-
country nationals in the interest of
the Union" / "information alerts
in the interest of the Union" /
"information alerts" in the
proposal.]
"
Text Origin: Council Mandate
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(2) In Article 3, the following
(2) In Article 3, the following
(2) In Article 3, the following
38
point is added:
point is added:
point is added:
Text Origin: Council Mandate
‘
‘
‘
‘
(22) ‘third-country national’
(22)
‘third-country national’
(22) ‘third-country national’
(22)
‘third-country national’
means any person who is not a
means any person who is not a
means any person who is not a
means any person who is not a
citizen of the Union within the
citizen of the Union within the
citizen of the Union within the
citizen of the Union within the
meaning of Article 20(1) TFEU,
meaning of Article 20(1) TFEU
, or meaning of Article 20(1) TFEU,
meaning of Article 20(1) TFEU
,
with the exception of persons who
who is a stateless person or a
with the exception of persons who
with the exception of persons who
are beneficiaries of the right of free
person whose nationality is
are beneficiaries of the right of free are beneficiaries of the right of free
movement within the Union in
unknown, with the exception of
movement within the Union in
movement within the Union in
39
accordance with Directive
persons who are beneficiaries of
accordance with Directive
accordance with Directive
2004/38/EC or with an agreement
the right of free movement within
2004/38/EC or with an agreement
2004/38/EC or with an agreement
between the Union or the Union
the Union in accordance with
between the Union or the Union
between the Union or the Union
and its Members States on the one
Directive 2004/38/EC or with an
and its Members States on the one
and its Members States on the one
hand, and a third country on the
agreement between the Union or
hand, and a third country on the
hand, and a third country on the
other hand;
the Union and its Members States
other hand;
other hand;
’ on the one hand, and a third
’
’
country on the other hand;
’
Text Origin: EP Mandate
(2a) Article 20 is amended as
(2a) Article 20 is amended as
39a
follows:
follows:
Text Origin: Council Mandate
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Council Mandate
Paragraphs 1 and 2 are
Paragraphs 1 and 2 are replaced
39b
replaced by the following:
by the following:
Text Origin: Council Mandate
"
"
1. Without prejudice to Article
1. Without prejudice to Article
8(1) or to the provisions of this
8(1) or to the provisions of this
Regulation providing for the
Regulation providing for the
storage of additional data, SIS
storage of additional data, SIS shall
39c
shall contain only those
contain only those categories of
categories of data which are
data which are supplied by each
supplied by each Member State,
Member State, as required for the
as required for the purposes laid purposes laid down in Articles 26,
down in Articles 26, 32, 34, 36,
32, 34, 36, 37a, 38 and 40.
37a, 38 and 40.
Text Origin: Council Mandate
2. The categories of data shall be 2. The categories of data shall be
39d
as follows:
as follows:
Text Origin: Council Mandate
(a) information on persons in
(a) information on persons in
39e
relation to whom an alert has
relation to whom an alert has been
been entered;
entered;
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Text Origin: Council Mandate
(b) information on objects
(b) information on objects referred
referred to in Articles 26, 32, 34,
to in Articles 26, 32, 34, 36, 37a,
39f
36, 37a, and 38.'
and 38.'
"
"
Text Origin: Council Mandate
(3) Article 24 is amended as
(3) Article 24 is amended as
(3) Article 24 is amended as
40
follows:
follows:
follows:
Text Origin: Council Mandate
(a) paragraph 1 is replaced by the
(a) paragraph 1 is replaced by the
(a) paragraph 1 is replaced by the
41
following:
following:
following:
Text Origin: Council Mandate
‘
‘
‘
‘
1. Where a Member State
1.
Where a Member State
1. Where a Member State
1. Where a Member State
considers that to give effect to an
considers that to give effect to an
considers that to give effect to an
considers that to give effect to an
42
alert entered in accordance with
alert entered in accordance with
alert entered in accordance with
alert entered in accordance with
Article 26, 32, 36 or 37a is
Article 26, 32, 36 or 37a is
Article 26, 32, 36 or 37a is
Article 26, 32, 36 or 37a is
incompatible with its national law,
incompatible with its national law,
incompatible with its national law,
incompatible with its national law,
its international obligations or
its international obligations or
its international obligations or
its international obligations or
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Council Mandate
essential national interests, it may
essential national interests, it may
essential national interests, it may
essential national interests, it may
require that a flag be added to the
require
, after providing reasons,
require that a flag be added to the
require that a flag be added to the
alert to the effect that the action to
that a flag be added to the alert
, to
alert to the effect that the action to
alert to the effect that the action to
be taken on the basis of the alert
the effect that the action to be
be taken on the basis of the alert
be taken on the basis of the alert
will not be taken in its territory.
taken on the basis of the alert will
will not be taken in its territory.
will not be taken in its territory.
Flags on alerts entered in
not be taken in its territory. Flags
Flags on alerts entered in
The flag shall be added by the
accordance with Article 26, 32 or
on alerts entered in accordance
accordance with Article 26, 32 or
SIRENE Bureau of the issuing
36 shall be added by the SIRENE
with Article 26, 32 or 36 shall be
36
The flag shall be added by the
Member State.’
Bureau of the issuing Member
added by the SIRENE Bureau of
SIRENE Bureau of the issuing
’
State, flags on alerts entered in
the issuing Member State, flags on
Member State, flags on alerts
accordance with Article 37a shall
alerts entered in accordance with
entered in accordance with Article
Text Origin: Council Mandate
be added by Europol.
Article 37a shall be added by
37a shall be added by Europol.
’
’ Europol.
’
’
(b) paragraph 3 is replaced by the
(b) paragraph 3 is replaced by the
43
following:
following:
Text Origin: Council Mandate
‘
3. If in particularly urgent and
3. If in particularly urgent and
serious cases, an issuing Member
Text Origin: Council Mandate
serious cases, an issuing Member
State or Europol requests the
State or Europol requests the
execution of the action, the
44
execution of the action, the
executing Member State shall
executing Member State shall
examine whether it is able to allow
examine whether it is able to allow
the flag added at its behest to be
the flag added at its behest to be
withdrawn. If the executing
withdrawn. If the executing
Member State is able to do so, it
Member State is able to do so, it
shall take the necessary steps to
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shall take the necessary steps to
ensure that the action to be taken
ensure that the action to be taken
can be carried out immediately.
can be carried out immediately.
’
(4) The following Chapter IXa is
(4) The following Chapter IXa is
(4) The following Chapter IXa is
45
inserted:
inserted:
inserted:
Text Origin: Council Mandate
‘
‘
‘
46
CHAPTER IXa
CHAPTER IXa
CHAPTER IXa
Text Origin: Council Mandate
Alerts entered by Europol on
Information alerts entered by
Information alerts on third-country
persons of interest
Europol on persons of interest
on
nationals in the interest of the
47
third-country nationals in the
Union
interest of the Union
Text Origin: Council Mandate
Article 37a
Article 37a
Article 37a
48
Objectives and conditions for
Objectives and conditions for
Objectives and conditions for
entering alerts
entering alerts
entering alerts
Text Origin: Council Mandate
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1. Europol may enter alerts on
‘
1. Europol
Member States may
1. Member States may enter
persons in SIS for the purpose of
1. Europol may enter alerts on
enter
information alerts on
information alerts on third-country
informing end-users carrying out a
personsthird-country nationals in
persons in SIS for the purpose of
nationals in SIS,
in accordance
search in SIS of the suspected
SIS for the purpose of informing
informing end-users carrying out a
withas referred to in point r) of
involvement of those persons in a
end-users carrying out a search in
search
third-country nationals in
Article 4(1) of Regulation (EU)
criminal offence in respect of
SIS
of thethat those persons are
SIS of the suspected involvement
2016/794, upon a proposal by
which Europol is competent in
suspected
involvement of those
of those persons in a criminal
Europol to enter an alert on the
accordance with Article 3 of
persons in of being involved in or
offence in respect of which
basis of information from the
Regulation (EU) 2016/794, as well
have been convicted of a criminal
Europol is competent in
authorities of third countries or
as for the purpose of obtaining
offence in respect of which
accordance with
, in accordance
international organisations.
information in accordance with
Europol is competent in
with point r) of Article 3
4(1) of
49
Article 37b of this Regulation that
accordance with Article 3 of
Regulation (EU) 2016/794, as well
[EP requests a role for FRO and
the person concerned has been
Regulation (EU) 2016/794, as well as for the purpose of obtaining
DPO in the process; To be
located.
as for the purpose of obtaining
information in accordance with
checked if at least the DPO can be
information in accordance with
Article 37b of this Regulation that
included]
Article 37b of this Regulation that
the person concerned has been
the person concerned has been
located
upon a proposal by
Text Origin: Council Mandate
located.
The Fundamental Rights Europol to enter an alert on the
Officer and the Data Protection
basis of information from the
Officer shall be informed
authorities of third countries or
whenever Europol enters an alert
international organisations.
in SIS.
2. Europol may only enter an alert 2. Europol
may only shall enter
2. Europol may only enter an alert 2. Such information alerts shall be
50
in SIS on persons who are third-
an alert in SIS
on persons who are
in SIS on persons who are third-
issued in the interest of the Union
country nationals on the basis of
third-country nationalsin
country nationals on the basis of
for the purpose of informing end-
information received from a third
accordance with paragraph 1 of
information received from a third
users carrying out a search in SIS
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country or an international
this Article only on the basis of
country or an international
of the suspected involvement of
organisation in accordance with
information received from a third
organisation in accordance with
those third-country nationals in
Article 17(1)(b) of Regulation
country or an international
Article 17(1)(b) of
Such
terrorist offences or in serious and
(EU) 2016/794, where the
organisation
in accordance
information alerts shall be issued organised crime as listed in Annex
information relates to one of the
withwhich fulfils one of the
in the interest of the Union for
I to Regulation (EU) 2016/794,
following:
conditions listed in Article
the purpose of informing end-
with a view to obtain the
17(1)(b)25(1) of Regulation (EU)
users carrying out a search in
information set out in Article 37b.
2016/794, where
, following a
SIS of the suspected involvement
detailed individual assessment, it
of those third-country nationals
Text Origin: Council Mandate
has determined that the
in terrorist offences or in serious
information relates to
one of the
and organised crime as listed in
followinga third-country national:
Annex I to Regulation (EU)
2016/794, where
with a view to
obtain the information relates to
one of the following:
set out in
Article 37b.
(a) persons who are suspected of
(a)
persons who arewho is
(a) persons who are suspected of
having committed or taken part in a suspected of having committed or
having committed or taken part in a Text Origin: Council Mandate
criminal offence in respect of
taken part in a criminal
offence in
criminal offence in respect of
which Europol is competent in
respect of which Europol is
which Europol is competent in
51
accordance with Article 3 of
competent in accordance with
accordance with Article 3 of
Regulation (EU) 2016/794, or who
Article 3 of Regulation (EU)
Regulation (EU) 2016/794, or who
have been convicted of such an
2016/794, or who have been
have been convicted of such an
offence;
convicted of such an offence;
offence;
52
(b) persons regarding whom there
(b)
persons regarding whom there
(b) persons regarding whom there
are factual indications or
are factual indications or
are factual indications or
Text Origin: Council Mandate
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reasonable grounds to believe that
reasonable grounds to believe that
reasonable grounds to believe that
they will commit criminal offences
they will commit criminal offences
they will commit criminal offences
in respect of which Europol is
in respect of which Europol is
in respect of which Europol is
competent in accordance with
competent in accordance with
competent in accordance with
Article 3 of Regulation (EU)
Article 3 of Regulation (EU)
Article 3 of Regulation (EU)
2016/794.
2016/794.he or she will commit a
2016/794.
criminal offence, or
(ba) who has been convicted of a
criminal offence.
Text Origin: Council Mandate
Without prejudice to the first
subparagraph of this paragraph,
Europol may enter an alert in SIS
in accordance with paragraph 1 of
this Article on the basis of
information received from a third
52a
country which does not fulfil one
of the conditions listed in Article
25(1) of Regulation (EU)
2016/794, provided that the
information has been confirmed
by a third country which fulfils
one of those conditions or
provided that the information
relates to a terrorist offence or
organised crime.
53
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3. Europol may only enter an alert 3. Europol may only enter an alert 3. Europol may only enter an alert 3. Europol
may onlyshall propose
in SIS after it has ensured all of the in SIS after it has
in SIS after it has ensured
the entry ofthat information alerts
following:
ensuredestablished that this is
all
propose the entry of
on persons
be entered in SIS only
necessary and justified, by
information alerts on persons in
in in one or more of the following
ensuring all of the following:
one or more of the following
circumstancescases and after it
circumstances:
has verified that the conditions set
out in paragraph 4 are fulfilled:
Text Origin: Council Mandate
(a) an analysis of the data
(a)
ana detailed individual
(a) an analysis of the data
(a) where there is a factual
provided in accordance with
analysis of the data provided in
provided in accordance with
indication that a person intends to
paragraph 2 confirmed the
accordance with paragraph 2
paragraph 2 confirmed the
commit or is committing
an
reliability of the source of
confirmed the reliability of the
reliability of the source of
offenceany of the offences referred
information and the accuracy of the source of information and the
information and the accuracy of the to in paragraph 2;
information on the person
accuracy of the information on the
information on the
where there is a
concerned, permitting Europol to
person concerned, permitting
factual indication that a person
Text Origin: Council Mandate
determine that that person falls
Europol to determine that that
concerned, permitting Europol to
54
within the scope of paragraph 2,
person falls within the scope of
determine that that person falls
where necessary, after having
paragraph 2, where necessary, after within the scope of
intends to
carried out further exchanges of
having carried out further
commit or is committing an
information with the data provider
exchanges of information with the
offence referred to in paragraph 2,
in accordance with Article 25 of
data providerthird country or the
where necessary, after having
Regulation (EU) 2016/794;
international organisation that
carried out further exchanges of
provided the data in accordance
information with the data provider
with Article 25 of Regulation (EU) in accordance with Article 25 of
2016/794;
Regulation (EU) 2016/794;
55
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(b) a verification confirmed that
(b) a verification confirmed that
(b)
where an overall assessment
(b) where an overall assessment of
entering the alert is necessary for
entering the alert is
strictly
of a person, in particular on the
a person, in particular on the basis
achieving Europol’s objectives as
necessary for achieving Europol’s
basis of past criminal offences,
of past criminal offences, gives
laid down in Article 3 of
objectives as laid down in Article 3
gives reason to believe that that
reason to believe that that person
Regulation (EU) 2016/794;
of Regulation (EU) 2016/794;
person may commit an offence
may commit an offence referred to
referred to in paragraph 2.a
in paragraph 2.
verification confirmed that entering
the alert is necessary for achieving
Text Origin: Council Mandate
Europol’s objectives as laid down
in Article 3 of Regulation (EU)
2016/794;
(c) a search in SIS, carried out in
(c) a search in SIS, carried out in
accordance with Article 48 of this
accordance with Article 48 of this
Text Origin: Council Mandate
56
Regulation, did not disclose the
Regulation, did not disclose the
existence of an alert on the person
existence of an alert on the person
concerned;
concerned;
(d) a consultation, involving the
(d) a consultation, involving the
sharing of information on the
sharing of information on the
Text Origin: Council Mandate
person concerned with Member
person concerned with Member
57
States participating in Regulation
States participating in Regulation
(EU) 2016/794 in accordance with
(EU) 2016/794 in accordance with
Article 7 of that Regulation,
Article 7 of that Regulation,
confirmed that:
confirmed that:
58
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(i) no intention was expressed by a
(i) no intention was expressed by a
Member State to enter an alert in
Member State to enter an alert in
Text Origin: Council Mandate
SIS on the person concerned;
SIS on the person concerned;
(ii) no reasoned objection was
(ii) no reasoned objection was
expressed by a Member State
expressed by a Member State
Text Origin: Council Mandate
59
regarding the proposed entry of an
regarding the proposed entry of an
alert in SIS on the person
alert in SIS on the person
concerned by Europol.
concerned by Europol.
4. Europol shall keep detailed
4. Europol shall keep detailed
4. Europol shall keep detailed
4. Europol
mayshall only propose
records relating to the entry of the
records relating to the entry of the
records relating to
may only
the entry of information alerts on
alert in SIS and the grounds for
alert in SIS and
all the grounds for
propose the entry of the alert in
persons after it has
such entry to permit verification of such entry to permit verification of SIS and the grounds for such entry
ensuredestablished that this is
compliance with the substantive
compliance with the substantive
to permit verification of
necessary and justified, by
and procedural requirements laid
and procedural requirements laid
compliance with the substantive
ensuring all of the following:
60
down in paragraphs 1, 2 and 3.
down in paragraphs 1, 2 and 3.
and procedural requirements laid
Such records shall be available for
Such records shall be
made
down in paragraphs 1, 2 and 3.
Text Origin: Council Mandate
the European Data Protection
available
forto the European Data
Such records shall be available for
Supervisor on request.
Protection Supervisor
onupon
the European Data Protection
request.
Supervisor on request.
information
alerts on persons after it has
ensured all of the following:
60a
(a) an analysis of the data
(a) an analysis of the data
provided in accordance with
provided in accordance with
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Article 17(1)(b) of Regulation
Article 17(1)(b) of Regulation
(EU) 2016/794 confirmed the
(EU) 2016/794 confirmed the
reliability of the source of
reliability of the source of
information as well as the
information as well as the accuracy
accuracy of the information on
of the information on the person
the person concerned, permitting concerned, permitting Europol to
Europol to determine that the
determine that the conditions of
conditions of paragraph 3 are
paragraph 3 are met, where
met, where necessary, after
necessary, after having carried out
having carried out further
further exchanges of information
exchanges of information with
with the data provider in
the data provider in accordance
accordance with Article 25 of
with Article 25 of Regulation
Regulation (EU) 2016/794;
(EU) 2016/794;
Text Origin: Council Mandate
(b) a search in SIS, carried out
(b) a search in SIS, carried out in
in accordance with Article 48 of
accordance with Article 48 of this
this Regulation, did not disclose
Regulation, did not disclose the
60b
the existence of an alert on the
existence of an alert on the person
person concerned.
concerned.
Text Origin: Council Mandate
5. Europol shall inform all
5. Europol shall inform all
5. Europol shall make available
Member States of the entry of the
Member States of the entry
make
the information it holds on the case
61
alert in SIS through the exchange
available the information it holds and the results of the assessment
of supplementary information in
on the case and the results of the
referred to in paragraphs 3 and 4 to
accordance with Article 8 of this
alert in SIS through the exchange
the Member States and propose
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Regulation.
of supplementary information in
that one or more Member States
accordance with Article 8 of this
enter the alert.
Regulation
assessment referred to
in paragraphs 3 and 4 to the
Where Europol has relevant
Member States and propose that additional or modified data in
one or more Member States
relation to its proposal to enter an
enter the alert.
alert, or where Europol has
evidence suggesting that data
included in its proposal to enter
an alert are factually incorrect or
have been unlawfully stored, it
shall inform without delay the
Member States. Text Origin: Council Mandate
6. The requirements and
6. The requirements and
6.
obligations applicable to the
obligations applicable to the
Text Origin: Council Mandate
issuing Member State in Articles
issuing Member State in Articles
62
20, 21, 22, 42, 56, 59, 61, 62 and
20, 21, 22, 42, 56, 59, 61, 62 and
63 shall apply to Europol when
63 shall apply
mutatis mutandis to
processing data in SIS.
Europol when processing data in
SIS.
6. Information alerts shall be
6. Information alerts shall be
62a
entered in SIS at the discretion of entered in SIS at the discretion of
the Member State requested to
the Member State requested to
enter an alert and shall be
enter an alert and shall be subject
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subject to its verification and
to its verification and analysis of
analysis of Europol’s proposal.
Europol’s proposal. The issuing
The issuing Member State shall
Member State shall communicate
communicate the entry of alerts
the entry of alerts under this Article
under this Article to the other
to the other Member States and
Member States and Europol
Europol through the exchange of
through the exchange of
supplementary information.
supplementary information.
Text Origin: Council Mandate
7. Member States may refuse
7.
When Member States
may
entering the alert upon the
refuse enteringdecide not to enter
proposal by Europol or may also, the alert upon the proposal
byof if the respective conditions are
Europol
or may also,and if the
62b
met, decide to enter another type respective conditions are met,
they of alert on the same person.
may decide to enter another type of
alert on the same person.
Text Origin: Council Mandate
8. Member States shall put in
8. Member States shall put in
place a periodic reporting
place a periodic reporting
mechanism in order to inform
mechanism in order to inform other
other Member States and
Member States and Europol on the
62c
Europol on the outcome of the
outcome of the verification and
verification and analysis and on
analysis and on whether or not the
whether or not the data has been data has been inserted in the SIS,
inserted in the SIS, within a
within a period of 12 months from
period of 12 months from the
the communication by Europol of
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communication by Europol of its its information to the Member
information to the Member
States.
States.
Text Origin: Council Mandate
9. Where Europol has relevant
9. Where Europol has relevant
additional or modified data in
additional or modified data in
relation to an alert that was
relation to
an alert that was
entered upon its proposal, it shall entered upon its proposalits
transmit them without delay,
proposal or in relation to its
through the exchange of
proposed alert, it shall transmit
62d
supplementary information, to
them without delay, through the
the issuing Member State to
exchange of supplementary
enable the latter to complete or
information, to the issuing Member
modify the alert.
State to enable the latter to
complete
, modify or delete or
modify the alert.
Text Origin: Council Mandate
10. Where Europol has evidence 10. Where Europol has evidence
suggesting that data entered in
suggesting that data entered in SIS
SIS according to paragraph 1 of
according to paragraph 1 of this
this Article are factually
Article are factually incorrect or
62e
incorrect or have been
have been unlawfully stored, it
unlawfully stored, it shall,
shall, through the exchange of
through the exchange of
supplementary information, inform
supplementary information,
the issuing Member State as soon
inform the issuing Member State as possible and not later than two
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as soon as possible and not later
working days after that evidence
than two working days after that has come to its attention. The
evidence has come to its
issuing Member State shall check
attention. The issuing Member
the information and, if necessary,
State shall check the information correct or delete the data in
and, if necessary, correct or
question without delay.
delete the data in question
without delay.
Text Origin: Council Mandate
11. Where there is a clear
11. Where there is a clear
indication that the objects
indication that the objects referred
referred to in points (a), (b), (c),
to in points (a), (b), (c), (e), (g),
(e), (g), (h), (j) and (k) of Article
(h), (j) and (k) of Article 38(2) or
38(2) or non-cash means of
non-cash means of payment are
payment are connected with a
connected with a person who is the
person who is the subject of an
subject of an alert pursuant to
62f
alert pursuant to paragraph 1 of
paragraph 1 of this Article, alerts
this Article, alerts on those
on those objects may be entered in
objects may be entered in order
order to locate the person. In such
to locate the person. In such
cases, the alert on the person and
cases, the alert on the person and the alert on the object shall be
the alert on the object shall be
linked in accordance with Article
linked in accordance with Article 63.
63.
Text Origin: Council Mandate
62g
12. Member States shall put in
12. Member States shall put in
place the necessary procedures
place the necessary procedures for
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for entering, updating and
entering, updating and deleting
deleting information alerts in SIS information alerts in SIS in
in accordance with this
accordance with this Regulation.
Regulation.
Text Origin: Council Mandate
13. Europol shall keep records
13. Europol shall keep records
relating to its requests for
relating to its requests for entering
entering alerts in SIS under this
alerts in SIS under this Article and
Article and provide reports to
provide reports to Member States
62h
Member States every six months
every six months on the alerts
on the alerts inserted in the SIS
inserted in the SIS and the cases
and the cases where Member
where Member States did not enter
States did not enter the alerts.
the alerts.
Text Origin: Council Mandate
14. The Commission shall adopt
14. The Commission shall adopt
implementing acts to lay down
implementing acts to lay down and
and develop rules necessary for
develop rules necessary for
entering, updating, deleting and
entering, updating, deleting and
searching the data referred to in
searching the data referred to in
62i
paragraph 11 of this Article.
paragraph 11 of this Article. Those
Those implementing acts shall be implementing acts shall be adopted
adopted in accordance with the
in accordance with the examination
examination procedure referred
procedure referred to in Article
to in Article 76(2).
76(2).
Text Origin: Council Mandate
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Article 37b
Article 37b
Article 37b
Execution of the action based on an
Execution of the action based on an Execution of the action based on an
63
alert
alert
alert
Text Origin: Council Mandate
1. In the event of a hit on an alert
1. In the event of a hit on an alert
1. In the event of a hit on an
entered by Europol, the executing
entered by Europol
information
information alert, the executing
Member State shall:
alert, the executing Member State
Member State shall collect and
64
shall
collect and communicate to
communicate to the issuing
the issuing Member State all or
Member State all or some of the
some of the following
following information:
information:
Text Origin: Council Mandate
(a) collect and communicate the
(a) collect and communicate the
65
following information:
following information:
Text Origin: Council Mandate
(i) the fact that the person who is
(i) the fact that the person who is
(i)
(a) the fact that the person who
(a) the fact that the person who is
the subject of an alert has been
the subject of
anthe alert has been
is the subject of an alert has been
the subject of an alert has been
66
located;
located;
located;
located;
Text Origin: Council Mandate
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(ii) the place, time and reason for
(ii)
(b) the place, time and reason
(b) the place, time and reason for
67
the check;
for the check;
the check;
Text Origin: Council Mandate
(c) the route of the journey and
(c) the route of the journey and
67a
destination;
destination;
Text Origin: Council Mandate
(d) the persons accompanying
(d) the persons accompanying the
the subject of the alert who can
subject of the alert who can
reasonably be expected to be
reasonably be expected to be
67b
associated with the subject of the associated with the subject of the
alert;
alert;
Text Origin: Council Mandate
(e) objects used or carried,
(e) objects
used or carried,
including travel documents;
including travel documents;
67c
[COM : Alignment with Art.
37(1)(g) of the SIS Police
Regulation. No need to have
objects used.] Text Origin: Council Mandate
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(f) the circumstances in which
(f) the circumstances in which the
67d
the person was located.
person was located.
Text Origin: Council Mandate
(b) in accordance with national
(b) in accordance with national
68
law, decide whether it is necessary
law, decide whether it is necessary
Text Origin: Council Mandate
to take any further measures.
to take any further measures.
2. The executing Member State
2. The executing Member State
2. The executing Member State
2. The executing Member State
shall communicate the information shall
immediately communicate the shall communicate the information shall communicate the information
referred to in paragraph 1(a) to
information referred to in
referred to in paragraph 1(a) to
referred to in paragraph 1 through
Europol through the exchange of
paragraph 1(a) to Europol through
Europol
1 through the exchange of
the exchange of supplementary
supplementary information.
the exchange of supplementary
supplementary information.
information
to the issuing Member
’ information.
The executing
State.
Member State may, in exceptional
69
circumstances, decide not to
2a. Paragraph 1 shall be
communicate the information to
applicable also in cases when the
Europol if doing so would
person who is subject of an
jeopardise ongoing investigations
information alert is located in the
or the safety of an individual, or
territory of the Member State that
would be contrary to the essential
issued the alert for the purposes of
interests of the executing Member
informing Europol in accordance
State.
with Article 48(8)(b).
’
Text Origin: Council Mandate
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3. The executing Member State
3. The executing Member State
shall ensure the discreet
shall ensure the discreet collection
collection of as much information of as much information described
described in paragraph 1 as
in paragraph 1 as possible during
possible during routine activities routine activities carried out by its
carried out by its national
national competent authorities. The
collection of this information shall
69a
competent authorities. The
collection of this information
not jeopardise the discreet nature
shall not jeopardise the discreet
of the checks and the subject of the
nature of the checks and the
alert shall in no way be made
subject of the alert shall in no
aware of the existence of the alert.’
way be made aware of the
’
existence of the alert.’
’ Text Origin: Council Mandate
4a. Article 43 is amended as
4a. Article 43 is amended as
69b
follows:
follows:
Text Origin: Council Mandate
Paragraph 3 is replaced by the
Paragraph 3 is replaced by the
69c
following:
following:
Text Origin: Council Mandate
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"
"
3. Dactyloscopic data in SIS in
3. Dactyloscopic data in SIS in
relation to alerts entered in
relation to alerts entered in
accordance with Articles 26, 32,
accordance with Articles 26, 32,
36, 37a, and 40 may also be
36, 37a, and 40 may also be
searched using complete or
searched using complete or
incomplete sets of fingerprints or incomplete sets of fingerprints or
palm prints discovered at the
palm prints discovered at the
scenes of serious crimes or
scenes of serious crimes or terrorist
terrorist offences under
offences under investigation, where
69d
investigation, where it can be
it can be established to a high
established to a high degree of
degree of probability that those sets
probability that those sets of
of prints belong to a perpetrator of
prints belong to a perpetrator of
the offence and provided that the
the offence and provided that the search is carried out
search is carried out
simultaneously in the Member
simultaneously in the Member
State's relevant national
State's relevant national
fingerprints databases.'
fingerprints databases.'
"
"
Text Origin: Council Mandate
(5) Article 48 is amended as
(5) Article 48 is amended as
(5) Article 48 is amended as
70
follows:
follows:
follows:
Text Origin: Council Mandate
71
(a) the title is replaced with the
(a) the title is replaced with the
(a)
the title is replaced with the
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following:
following:
following:
Text Origin: Council Mandate
‘
‘
‘
Entry and processing of data in SIS
Entry and processing
'Access to
'Access to and search of data in SIS
72
by Europol
and search of data in SIS by
by Europol'
’
Europol
'
’
’
Text Origin: Council Mandate
(b) paragraph 1 is replaced by the
(b) paragraph 1 is replaced by the
(b)
paragraph 1 is replaced by the
73
following:
following:
following:
Text Origin: Council Mandate
‘
‘
‘
‘
1. Europol shall, where necessary
1. Europol shall, where necessary
1. Europol shall, where necessary
1.
Europol shall, where necessary
to fulfil its mandate, have the right
to fulfil its mandate, have the right
to fulfil its mandate, have the right
to fulfil its mandate, have the right
to access and search data in SIS
to access and search data in SIS
to access and search data in SIS
to access and search data in SIS.
and to enter, update and delete
and to enter, update and delete
and to enter, update and delete
74
alerts pursuant to Article 37a of
alerts pursuant to Article 37a of
alerts pursuant to Article 37a of
Text Origin: Council Mandate
this Regulation. Europol shall
this Regulation. Europol shall
this Regulation. Europol shall
enter, update, delete and search SIS
access, enter, update, delete and
enter, update, delete and search SIS
data through a dedicated technical
search SIS data through a
data through a dedicated technical
interface. The technical interface
dedicated technical interface. The
interface. The technical interface
shall be set up and maintained by
technical interface shall be set up
shall be set up and maintained by
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Europol in compliance with the
and maintained by Europol in
Europol in compliance with the
common standards, protocols and
compliance with the common
common standards, protocols and
technical procedures defined in
standards, protocols and technical
technical procedures defined in
Article 9 of this Regulation and
procedures defined in Article 9 of
Article 9 of this Regulation and
shall allow direct connection to
this Regulation and shall allow
shall allow direct connection to
Central SIS.
direct connection to Central SIS.
Central SIS.
.
Europol shall exchange
Europol shall exchange
and
Europol
may also shall exchange
Europol may also exchange and
supplementary information in
request any further supplementary
and further request
further request supplementary
accordance with the provisions of
information in accordance with the supplementary information in
information in accordance with the
the SIRENE Manual. To that end,
provisions of the SIRENE Manual. accordance with the provisions of
provisions of the SIRENE Manual.
Europol shall ensure availability to To that end, Europol shall ensure
the SIRENE Manual. To that end,
’
75
supplementary information related
the availability
toand exchange of
Europol shall ensure availability to
’
to its own alerts 24 hours a day, 7
such supplementary information
supplementary information related
days a week.
related to its own alerts 24 hours a
to its own alerts 24 hours a day, 7
Text Origin: Council Mandate
’ day, 7 days a week.
days a week.
’
’
’
(c) paragraph 4 is replaced by the
(c) paragraph 4 is replaced by the
(c)
paragraph 4 is replaced by the
76
following:
following:
following:
Text Origin: Council Mandate
‘
‘
‘
77
4. Europol's use of information
4. Europol's use of information
4.
Europol's use of information
obtained from a search in SIS or
obtained from a search in SIS or
obtained from a search in SIS or
from the processing of
from the processing of
from the processing of
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supplementary information shall be
supplementary information shall be
supplementary information shall be
subject to the consent of the
subject to the consent of the
subject to the consent of the
Member State that provided the
Member State that provided the
Member State that provided the
information either as issuing
information either as issuing
information . If the Member State
Member State or as executing
Member State or as executing
allows the use of such information,
Member State. If the Member State
Member State. If the Member State
its handling by Europol shall be
allows the use of such information,
allows the use of such information,
governed by Regulation (EU)
its handling by Europol shall be
its handling by Europol shall be
2016/794. Europol shall only
governed by Regulation (EU)
governed by Regulation (EU)
communicate such information to
2016/794. Europol shall only
2016/794. Europol shall only
third countries and third bodies
communicate such information to
communicate such information to
with the consent of the Member
third countries and third bodies
third countries and third bodies
State that provided the information
with the consent of the Member
with the consent of the Member
and in full compliance with Union
State that provided the information
State that provided the information
law on data protection.’
and in full compliance with Union
and in full compliance with Union
’
law on data protection.
law on data protection.
’
’
’ Text Origin: Commission
Proposal
(d) the following paragraph 7a is
(d) the following paragraph 7a is
(d)
78
inserted:
inserted:
Text Origin: Council Mandate
‘
‘
7a. The European Data Protection
7a. The European Data Protection
7a. The European Data Protection
Supervisor shall carry out an audit
Text Origin: Council Mandate
79
Supervisor shall carry out an audit
Supervisor shall carry out an audit
of the data processing operations of
of the data processing operations of of the data processing operations of Europol under this Regulation in
Europol under this Regulation in
Europol under this Regulation in
accordance with international
accordance with international
accordance with international
auditing standards at least every
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auditing standards at least every
auditing standards at least every
four years.
four years.
fourthree years.
’
’
‘
‘
(d) paragraph 8 is replaced by
(d) paragraph 8 is replaced by the
79a
the following:
following:
Text Origin: Council Mandate
8. Member States shall inform
8. Member States shall inform
Europol through the exchange of Europol through the exchange of
79b
supplementary information of
supplementary information
of any
any hit on:
hit on:
Text Origin: Council Mandate
(a) alerts issued under Article
(a)
any hit on alerts issued under
37a also when hits occur in the
Article 37a
also when hits occur;
territory of the issuing Member
State; and
(b) when the person has been
79c
located in the territory of the
issuing Member State
in
accordance with Article 37b(2a);
and
Text Origin: Council Mandate
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(b) alerts related to terrorist
(b)(c) any hit on alerts related to
offences which are not issued
terrorist offences which are not
79d
under Article 37a.
issued under Article 37a.
Text Origin: Council Mandate
Member States may
Member States may exceptionally
exceptionally not inform Europol not inform Europol of hits on alerts
of hits on alerts under point b) of under point
b) c) of this paragraph
this paragraph if doing so would
if doing so would jeopardise
jeopardise current investigations, current investigations, the safety of
79e
the safety of an individual or be
an individual or be contrary to
contrary to essential interests of
essential interests of the security of
the security of the issuing
the issuing Member State.’
Member State.’
’
’
Text Origin: Council Mandate
(e) paragraph 9 is deleted.
(e) paragraph 9 is deleted.
79f
Text Origin: Council Mandate
(6) Article 53 is amended as
(6) Article 53 is amended as
(6) Article 53 is amended as
80
follows:
follows:
follows:
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(a) the following paragraph 5a is
(a) the following paragraph 5a is
81
inserted:
inserted:
Text Origin: Council Mandate
‘
‘
‘
5a. Europol may enter an alert on
5a. Europol may enter an alert on
5a. Europol may enter an alert on
Text Origin: Council Mandate
a person for the purposes of Article a
personthird-country national for a person for the purposes of Article
37a (1) for a period of one year.
the purposes of Article 37a (1) for
37a (1) for a period of one year.
Europol shall review the need to
a period of
one yearthree years.
Europol shall review the need to
82
retain the alert within that period.
Europol shall review the need to
retain the alert within that period.
Europol shall, where appropriate,
retain the alert within that period.
Europol shall, where appropriate,
set shorter review periods.
Europol shall, where appropriate,
set shorter review periods.
’ set shorter review periods.
’
’
’
(b) paragraphs 6, 7 and 8 are
(b) paragraphs
4, 6, 7 and 8 are
(b) paragraphs 4, 6, 7 and 8 are
83
replaced by the following:
replaced by the following:
replaced by the following:
Text Origin: Council Mandate
‘
‘
83a
4. A Member State may enter an 4. A Member State may enter an
alert on a person for the
alert on a person for the purposes
purposes of points (c), (d) and (e) of points (c), (d) and (e) of Article
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of Article 32 (1), of Article 36,
32 (1), of Article 36, and of Article
and of Article 37a for a period of 37a for a period of one year. The
one year. The issuing Member
issuing Member State shall review
State shall review the need to
the need to retain the alert within
retain the alert within the one
the one year period.
year period.
Text Origin: Council Mandate
‘
‘
6. Within the review period
6. Within the review period
6. Within the review period
6. Within the review period
referred to in paragraphs 2, 3, 4, 5
referred to in paragraphs 2, 3,
4
referred to in paragraphs 2, 3, 4, 5
referred to in paragraphs 2, 3, 4, 5
and 5a
and 5 , the issuing Member and 5 , the issuing Member State
and 5a, the issuing Member State,
and 5a, the issuing Member State
,
State, and in the case of personal
may, following a comprehensive
and in the case of personal data
and in the case of personal data
data entered in SIS pursuant to
individual assessment, which shall
entered in SIS pursuant to Article
entered in SIS pursuant to Article
Article 37a of this Regulation,
be recorded, decide to retain the
37a of this Regulation, Europol,
37a of this Regulation, Europol or
Europol, may, following a
alert on a person for longer than
may, following a comprehensive
Europol, as appropriate, may,
comprehensive individual
the review period, where this
individual assessment, which shall
following a comprehensive
assessment, which shall be
proves necessary and proportionate
be recorded, decide to retain the
individual assessment, which shall
recorded, decide to retain the alert
for the purposes for which the alert
84
alert on a person for longer than
be recorded, decide to retain the
on a person for longer than the
was entered. In such cases
the review period, where this
alert on a person for longer than
review period, where this proves
paragraph 2, 3, 4 and 5
of this
proves necessary and proportionate the review period, where this
necessary and proportionate for the Article shall also apply to the
for the purposes for which the alert proves necessary and proportionate purposes for which the alert was
extension. Any such extension
was entered. In such cases
for the purposes for which the alert entered. In such cases paragraph 2, shall be communicated to CS-SIS.’
paragraph 2, 3, 4, 5 or 5a of this
was entered. In such cases
3, 4, 5 or 5a
and 5 of this Article
Article shall also apply to the
paragraph 2, 3, 4, 5
orand 5a of
shall also apply to the extension.
Text Origin: Council Mandate
extension. Any such extension
this Article shall also apply to the
Any such extension shall be
shall be communicated to CS-SIS.
extension. Any such extension
communicated to CS-SIS.
’
shall be communicated to CS-SIS.
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7. Alerts on persons shall be
7. Alerts on persons shall be
7. Alerts on persons shall be
7. Alerts on persons shall be
deleted automatically after the
deleted automatically after the
deleted automatically after the
deleted automatically after the
review period referred to in
review period referred to in
review period referred to in
review period referred to in
paragraphs 2, 3, 4, 5 and 5a has
paragraphs 2, 3, 4, 5 and 5a has
paragraphs 2, 3, 4, 5 and 5a
and 5 paragraphs 2, 3, 4 and 5
has
expired, except where the issuing
expired, except where the issuing
has expired, except where the
expired, except where the issuing
Member State or in the case of
Member State or
in the case of
issuing Member State or in the case Member State
has informed CS-
alerts entered in SIS pursuant to
alerts entered in SIS pursuant to
of alerts entered in SIS pursuant to
SIS of an extension pursuant to
Article 37a of this Regulation
Article 37a of this Regulation
Article 37a of this Regulation
paragraph 6 of this Article. CS-SIS
Europol, has informed CS-SIS of
EuropolEuropol, as appropriate,
Europol,
has informed CS-SIS of
shall automatically inform the
an extension pursuant to paragraph has informed CS-SIS of an
an extension pursuant to paragraph issuing Member State
of the
6 of this Article. CS-SIS shall
extension pursuant to paragraph 6
6 of this Article. CS-SIS shall
scheduled deletion of data four
automatically inform the issuing
of this Article. CS-SIS shall
automatically inform the issuing
months in advance. CS-SIS shall
Member State or Europol of the
automatically inform the issuing
Member State or
of the scheduled
also inform and, for alerts issued
scheduled deletion of data four
Member State or Europol of the
deletion of data four months in
in accordance with Article 37a,
85
months in advance.
scheduled deletion of data four
advance. CS-SIS shall also
also Europol
, of the scheduled
months in advance.
inform Europol of the scheduled
deletion of data
entered under
deletion of data
entered under
Article 37a four months in
Article 37a four months in
advance.
For alerts issued in
advance.
Europol shall assist the
accordance with Article 37a,
issuing Member State without
Europol shall assist the issuing
delay with its comprehensive
Member State without delay with
individual assessment mentioned its comprehensive individual
in paragraph 6.’
assessment mentioned in paragraph
6.
[COM is checking with eu-LISA
the feasibility of
the implementation of these
provisions.] Text Origin: Council Mandate
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8. Member States and Europol
8. Member States and Europol
8. Member States and Europol
8. Member States shall keep
shall keep statistics on the number
shall keep statistics on the number
shall keep statistics on the number
statistics on the number of alerts on
of alerts on persons the retention
of alerts on persons the retention
of alerts on persons the retention
persons the retention periods of
periods of which have been
periods of which have been
periods of which have been
which have been extended in
extended in accordance with
extended in accordance with
extended in accordance with
accordance with paragraph 6 of
paragraph 6 of this Article and
paragraph 6 of this Article
. Upon
paragraph 6 of this Article and
this Article and transmit them,
transmit them, upon request, to the
transmit them, upon request, to the upon request, to the supervisory
86
request, Member States shall
supervisory authorities referred to
provide those statistics and
supervisory authorities referred to
authorities referred to in Article
in Article 69.
transmit them, upon request, to the in Article 69.
’
69.’
’ supervisory authorities referred to
’
’
in Article 69
and Europol shall
provide them to the European
Text Origin: Council Mandate
Data Protection Supervisor.
’
6a. Article 54 is amended as
6a. Article 54 is amended as
86a
follows:
follows:
Text Origin: Council Mandate
"
"
Paragraph 3 is replaced by the
Paragraph 3 is replaced by the
86b
following:
following:
Text Origin: Council Mandate
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3. Alerts on objects entered in
3. Alerts on objects entered in
accordance with Articles 26, 32,
accordance with Articles 26, 32,
34, 36 and 37a shall be reviewed
34, 36 and 37a shall be reviewed
pursuant to Article 53 where
pursuant to Article 53 where they
they are linked to an alert on a
are linked to an alert on a person.
86c
person. Such alerts shall only be
Such alerts shall only be kept for as
kept for as long as the alert on
long as the alert on the person is
the person is kept.'
kept.'
"
"
Text Origin: Council Mandate
(7) In Article 55, the following
(7) In Article 55, the following
(7) Article 55 is amended as
87
paragraph 6a is inserted:
paragraph 6a is inserted
is
follows:
amended as follows:
Text Origin: Council Mandate
‘
‘
(a) The following paragraph 4a
(a) The following paragraph 4a is
87a
is inserted:
inserted:
Text Origin: Council Mandate
‘
6a
4a.
Information alerts on
4a. Information alerts in the
88
6a. Alerts on persons entered by
persons entered by Europol
in the
interest of the Union pursuant to
Europol pursuant to Article 37a
interest of the Union pursuant to
Article 37a, shall be deleted upon:
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shall be deleted upon:
Article 37a
, shall be deleted upon:
Text Origin: Council Mandate
(a) the expiry of the alert in
(a) the expiry of the alert in
(a) the expiry of the alert in
89
accordance with Article 53;
accordance with Article 53;
or
accordance with Article 53; or
Text Origin: Council Mandate
(b) a decision to delete them by
(b) a decision to delete them by
(b) a decision to delete them by
Europol, in particular when after
Europol, in particular when after
the competent authority of the
entering the alert Europol becomes
entering the alert Europol becomes issuing Member State,
including
aware that the information received
aware that the information received where appropriate upon a proposal
under Article 37a (2) was incorrect
under Article 37a (2) was incorrect by Europol
. ;
or was communicated to Europol
or was communicated to Europol
’
for unlawful purposes, or when
for unlawful purposes, or when
Europol becomes aware or is
Europol becomes aware or is
Text Origin: Council Mandate
90
informed by a Member State, that
informed by a
the competent
the person who is the subject of the
authority of the issuing Member
alert no longer falls under the
State, that the person who is the
scope of Article 37a(2);
subject of the alert no longer falls
under the scope of Article
37a(2)
where appropriate upon a
proposal by Europol. ;
’
(c) a notification, through the
(c) a notification, through the
G
91
exchange of supplementary
exchange of supplementary
Text Origin: Council Mandate
G
information, of Europol by a
information, of Europol by a
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Member State, that it is about to
Member State, that it is about to
enter, or has entered an alert on the
enter, or has entered an alert on the
person who is the subject of the
person who is the subject of the
alert issued by Europol;
alert issued by Europol;
(d) a notification of Europol by a
(d) a notification of Europol by a
Member State participating in
Member State participating in
Text Origin: Council Mandate
Regulation (EU) 2016/794 in
Regulation (EU) 2016/794 in
G
92
accordance with Article 7 of that
accordance with Article 7 of that
G
Regulation, of its reasoned
Regulation, of its reasoned
objection to the alert.
objection to the alert.
’
"
"
(b) Paragraph 7 is replaced by
(b) Paragraph 7 is replaced by the
G
92a
the following:
following:
G
Text Origin: Council Mandate
7. Where it is linked to an alert
7. Where it is linked to an alert on
on a person, an alert on an object a person, an alert on an object
entered in accordance with
entered in accordance with Articles
G
92b
Articles 26, 32, 34, 36 and 37a
26, 32, 34, 36 and 37a shall be
G
shall be deleted when the alert on deleted when the alert on the
the person is deleted in
person is deleted in accordance
accordance with this Article.'
with this Article.'
"
"
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(8) Article 56 is amended as
(8) Article 56 is amended as
(8) Article 56 is amended as
follows:
follows:
follows:
G
93
G
Text Origin: Council Mandate
(a) paragraph 1 is replaced by the
(a) paragraph 1 is replaced by the
(a) paragraph 1 is replaced by the
following:
following:
following:
G
94
G
Text Origin: Council Mandate
‘
‘
‘
1. The Member States shall
1. The Member States shall
1. The Member States shall
only process the data referred to in
only process the data referred to in
only process the data referred to in
Article 20 for the purposes laid
Article 20 for the purposes laid
Article 20 for the purposes laid
down for each category of alert
down for each category of alert
down for each category of alert
G
95
G
referred to in Articles 26, 32, 34,
referred to in Articles 26, 32, 34,
referred to in Articles 26, 32, 34,
36, 37a, 38 and 40.
36, 37a, 38 and 40.
36, 37a, 38 and 40.
’
’
’
Text Origin: Council Mandate
G
96
(b) paragraph 5 is replaced by the
(b) paragraph 5 is replaced by the
(b) paragraph 5 is replaced by the
G
following:
following:
following:
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Text Origin: Council Mandate
‘
‘
‘
5. With regard to the alerts laid
5. With regard to the alerts laid 5. With regard to the alerts laid
down in Articles 26, 32, 34, 36,
down in Articles 26, 32, 34, 36,
down in Articles 26, 32, 34, 36,
37a, 38 and 40 of this Regulation,
37a, 38 and 40 of this Regulation,
37a, 38 and 40 of this Regulation,
any processing of information in
any processing of information in
any processing of information in
SIS for purposes other than those
SIS for purposes other than those
SIS for purposes other than those
for which it was entered into SIS
for which it was entered into SIS
for which it was entered into SIS
has to be linked with a specific
has to be linked with a specific
has to be linked with a specific
case and justified by the need to
case and justified by the need to
case and justified by the need to
prevent an imminent and serious
prevent an imminent and serious
prevent an imminent and serious
G
97
threat to public policy and to public
threat to public policy and to public threat to public policy and to public G
security, on serious grounds of
security, on serious grounds of
security, on serious grounds of
national security or for the
national security or for the
national security or for the
purposes of preventing a serious
purposes of preventing a serious
purposes of preventing a serious
crime. Prior authorisation from the
crime. Prior authorisation from the
crime. Prior authorisation from the
issuing Member State or from
issuing Member State or from
issuing Member State shall be
Europol if the data was entered
Europol if the data was entered
obtained for this purpose.’
pursuant to Article 37a of this
pursuant to Article 37a of this
’
Regulation, shall be obtained for
Regulation,
shall be obtained for
this purpose.
this purpose.
’
Text Origin: Council Mandate
’
’
(9) In Article 61, paragraphs 1 and
(9) In Article 61, paragraphs 1 and
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2 are replaced by the following:
2 are replaced by the following:
Text Origin: Council Mandate
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‘
‘
1. Where upon a new alert being
1. Where upon a new alert being
Text Origin: Council Mandate
entered it becomes apparent that
entered it becomes apparent that
there is already an alert in SIS on a
there is already an alert in SIS on a
person with the same description of
person with the same description of
identity, the SIRENE Bureau shall
identity, the SIRENE Bureau shall
contact the issuing Member State
contact the issuing Member State
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or if the alert was entered pursuant
or if the alert was entered pursuant
G
to Article 37a of this Regulation
to Article 37a of this Regulation
Europol, through the exchange of
Europol, through the exchange of
supplementary information within
supplementary information within
12 hours to cross-check whether
12 hours to cross-check whether
the subjects of the two alerts are
the subjects of the two alerts are
the same person.
the same person.
2. Where the cross-check reveals
2. Where the cross-check reveals
that the subject of the new alert and
that the subject of the new alert and Text Origin: Council Mandate
the person subject to the alert
the person subject to the alert
already entered in SIS are indeed
already entered in SIS are indeed
one and the same person, the
one and the same person, the
SIRENE Bureau of the issuing
SIRENE Bureau of the issuing
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Member State shall apply the
Member State shall apply the
G
procedure for entering multiple
procedure for entering multiple
alerts referred to in Article 23. By
alerts referred to in Article 23. By
way of derogation, Europol shall
way of derogation, Europol shall
delete the alert it has entered as
delete the alert it has entered as
referred to in point (c) of Article
referred to in point (c) of Article
55(6a).
55(6a).
’
’
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(10) Article 67 is replaced by the
(10) Article 67 is replaced by the
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following:
following:
Text Origin: Council Mandate
G
‘
‘
Article 67
Article 67
Text Origin: Council Mandate
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Right of access, rectification of
Right of access, rectification of
G
inaccurate data and erasure of
inaccurate data and erasure of
unlawfully stored data
unlawfully stored data
(1) Data subjects shall be able to
‘
(1) Data subjects shall be able to
exercise the rights laid down in
(1) Data subjects shall be able to
exercise the rights laid down in
Text Origin: Council Mandate
Articles 15, 16 and 17 of
exercise the rights laid down in
Articles 15, 16 and 17 of
Regulation (EU) 2016/679, in the
Articles 15, 16 and 17 of
Regulation (EU) 2016/679, in the
national provisions transposing
Regulation (EU) 2016/679, in the
national provisions transposing
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Article 14 and Article 16 (1) and
national provisions transposing
Article 14 and Article 16 (1) and
G
(2) of Directive (EU) 2016/680 and Article 14 and Article 16 (1) and
(2) of Directive (EU) 2016/680 and
in Chapter IX of Regulation (EU)
(2) of Directive (EU) 2016/680 and in Chapter IX of Regulation (EU)
2018/1725.
in
Chapter IXArticles 80 and 82 of 2018/1725.
Regulation (EU) 2018/1725.
(2) A Member State other than the
(2) A Member State other than the
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issuing Member State may provide
issuing Member State may provide Text Origin: Council Mandate G
to the data subject information
to the data subject information
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concerning any of the data subject's
concerning any of the data subject's
personal data that are being
personal data that are being
processed only if it first gives the
processed only if it first gives the
issuing Member State an
issuing Member State an
opportunity to state its position. If
opportunity to state its position. If
the personal data was entered in
the personal data was entered in
SIS by Europol, the Member State
SIS by Europol, the Member State
that received the request shall refer
that received the request shall refer
the request to Europol without
the request to Europol without
delay, and in any case within 5
delay, and in any case within 5
days of receipt, and Europol shall
days of receipt, and Europol shall
process the request in accordance
process the request in accordance
with Regulation (EU) 2016/794
with Regulation (EU) 2016/794
and Regulation (EU) 2018/1725. If
and Regulation (EU) 2018/1725. If
Europol receives a request
Europol receives a request
concerning personal data entered in
concerning personal data entered in
SIS by a Member State, Europol
SIS by a Member State, Europol
shall refer the request to the alert
shall refer the request to the alert
issuing Member State without
issuing Member State without
delay, and in any case within 5
delay, and in any case within 5
days of receipt. The
days of receipt. The
communication between those
communication between those
Member States and between the
Member States and between the
Member States and Europol shall
Member States and Europol shall
be carried out through the
be carried out through the
exchange of supplementary
exchange of supplementary
information.
information.
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(3) A Member State in accordance (3) A Member State in accordance (3) A Member State in accordance
G
with its national law, including law with its national law, including law with its national law, including law Text Origin: Council Mandate
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transposing Directive (EU)
transposing Directive (EU)
transposing Directive (EU)
2016/680 and, in the case of
2016/680 and, in the case of
2016/680 and, in the case of
personal data entered in SIS under
personal data entered in SIS under
personal data entered in SIS under
Article 37a of this Regulation,
Article 37a of this Regulation,
Article 37a of this Regulation,
Europol in accordance with
Europol in accordance with
Europol in accordance with
Chapter IX of Regulation (EU)
Chapter IXArticle 82(4) of
Chapter IX of Regulation (EU)
2018/1725, shall take a decision
Regulation (EU)
2018/1725, shall
2018/1725, shall take a decision
not to provide information to the
take a decision not to provide
not to provide information to the
data subject, in whole or in part, to information to the data subject, in
data subject, in whole or in part, to
the extent that, and for as long as
whole or in part, to the extent that,
the extent that, and for as long as
such a partial or complete
and for as long as such a partial or
such a partial or complete
restriction constitutes a necessary
complete restriction constitutes a
restriction constitutes a necessary
and proportionate measure in a
necessary and proportionate
and proportionate measure in a
democratic society with due regard measure in a democratic society
democratic society with due regard
for the fundamental rights and
with due regard for the
for the fundamental rights and
legitimate interests of the data
fundamental rights and legitimate
legitimate interests of the data
subject concerned, in order to:
interests of the data subject
subject concerned, in order to:
concerned, in order to:
(a) avoid obstructing official or
(a) avoid obstructing official or
Text Origin: Council Mandate
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106
legal inquiries, investigations or
legal inquiries, investigations or
G
procedures;
procedures;
(b) avoid prejudicing the
(b) avoid prejudicing the
prevention, detection, investigation
prevention, detection, investigation Text Origin: Council Mandate
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or prosecution of criminal offences
or prosecution of criminal offences
G
or the execution of criminal
or the execution of criminal
penalties;
penalties;
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(c) protect public security;
(c) protect public security;
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108
G
Text Origin: Council Mandate
(d) protect national security; or
(d) protect national security; or
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G
Text Origin: Council Mandate
(e) protect the rights and freedoms
(e) protect the rights and freedoms
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of others.
of others.
Text Origin: Council Mandate
G
In cases referred to in the first
In cases referred to in the first
In cases referred to in the first
subparagraph, the Member State
subparagraph, the Member State
subparagraph, the Member State
Text Origin: Council Mandate
or, in the case of personal data
or, in the case of personal data
or, in the case of personal data
entered in SIS pursuant to Article
entered in SIS pursuant to Article
entered in SIS pursuant to Article
37a of this Regulation, Europol,
37a of this Regulation, Europol,
37a of this Regulation, Europol,
shall inform the data subject in
shall inform the data subject in
shall inform the data subject in
writing, without undue delay, of
writing, without undue delay, of
writing, without undue delay, of
111
any refusal or restriction of access
any refusal or restriction of access
any refusal or restriction of access
and of the reasons for the refusal or and of the reasons for the refusal or and of the reasons for the refusal or
restriction. Such information may
restriction. Such information may
restriction. Such information may
be omitted where its provision
be omitted where its provision
be omitted where its provision
would undermine any of the
would undermine any of the
would undermine any of the
reasons set out in points (a) to (e)
reasons set out in points (a) to (e)
reasons set out in points (a) to (e)
of the first subparagraph of this
of the first subparagraph of this
of the first subparagraph of this
paragraph. The Member State or,
paragraph. The Member State
or,
paragraph. The Member State or,
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in the case of personal data entered
in the case of shall inform the data in the case of personal data entered
in SIS pursuant to Article 37a of
subject of the possibility of
in SIS pursuant to Article 37a of
this Regulation, Europol, shall
lodging a complaint with a
this Regulation, Europol, shall
inform the data subject of the
supervisory authority or of
inform the data subject of the
possibility of lodging a complaint
seeking a judicial remedy. Where
possibility of lodging a complaint
with a supervisory authority or of
personal data
is entered in SIS
with a supervisory authority or of
seeking a judicial remedy.
pursuant to Article 37a of this
seeking a judicial remedy.
Regulation, Europol
, shall inform
the data subject of the possibility of
lodging a complaint with
a
supervisory authority or ofthe
European Data Protection
Supervisor and seeking a judicial
remedy
from the Court of Justice
of the European Union.
’
The Member State, or, in the case
The Member State, or, in the case
of personal data entered in SIS
of personal data entered in SIS
Text Origin: Council Mandate
pursuant to Article 37a of this
pursuant to Article 37a of this
Regulation, Europol, shall
Regulation, Europol, shall
document the factual or legal
document the factual or legal
reasons on which the decision not
reasons on which the decision not
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112
to provide information to the data
to provide information to the data
G
subject is based. That information
subject is based. That information
shall be made available to the
shall be made available to the
competent supervisory authorities.
competent supervisory authorities.
For such cases, the data subject
For such cases, the data subject
shall also be able to exercise his or
shall also be able to exercise his or
her rights through the competent
her rights through the competent
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supervisory authorities.
supervisory authorities.
(4) Following an application for
(4) Following an application for
access, rectification or erasure, the
access, rectification or erasure, the
Text Origin: Council Mandate
Member State or, in the case of
Member State or, in the case of
personal data entered in SIS
personal data entered in SIS
pursuant to Article 37a of this
pursuant to Article 37a of this
Regulation, Europol, shall inform
Regulation, Europol, shall inform
the data subject about the follow-
the data subject about the follow-
up given to the exercise of the
up given to the exercise of the
rights under this Article without
rights under this Article without
undue delay and in any event
undue delay and in any event
within one month of receipt of the
within one month of receipt of the
request. That period may be
request. That period may be
extended by two further months
extended by two further months
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113
where necessary, taking into
where necessary, taking into
G
account the complexity and
account the complexity and
number of the requests. The
number of the requests. The
Member State or, in the case of
Member State or, in the case of
personal data entered in SIS
personal data entered in SIS
pursuant to Article 37a of this
pursuant to Article 37a of this
Regulation, Europol, shall inform
Regulation, Europol, shall inform
the data subject of any such
the data subject of any such
extension within one month of
extension within one month of
receipt of the request, together with
receipt of the request, together with
the reasons for the delay. Where
the reasons for the delay. Where
the data subject makes the request
the data subject makes the request
by electronic means, the
by electronic means, the
information shall, where possible,
information shall, where possible,
be provided by electronic means
be provided by electronic means
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unless otherwise requested by the
unless otherwise requested by the
data subject.
data subject.
’
’
(11) Article 68 is replaced by the
(11) Article 68 is replaced by the
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114
following:
following:
Text Origin: Council Mandate
G
‘
‘
Text Origin: Council Mandate
G
115
Article 68
Article 68
G
Remedies
Remedies
(1) Without prejudice to the
(1) Without prejudice to the
provisions on remedies of
provisions on remedies of
Text Origin: Council Mandate
Regulation (EU) 2016/679 and of
Regulation (EU) 2016/679 and of
Directive (EU) 2016/680, any
Directive (EU) 2016/680, any
person may bring an action before
person may bring an action before
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116
any competent supervisory
any competent supervisory
G
authority or a court, under the law
authority or a court, under the law
of any Member State to access,
of any Member State to access,
rectify, erase, obtain information or
rectify, erase, obtain information or
obtain compensation in connection
obtain compensation in connection
with an alert relating to him or her.
with an alert relating to him or her.
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(2) Without prejudice to the
(2) Without prejudice to the
G
Text Origin: Council Mandate
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provisions on remedies of
provisions on remedies of
Regulation (EU) 2018/1725, any
Regulation (EU) 2018/1725, any
person may lodge a complaint with
person may lodge a complaint with
the European Data Protection
the European Data Protection
Supervisor in order to access,
Supervisor in order to access,
rectify, erase, obtain information or
rectify, erase, obtain information or
obtain compensation in connection
obtain compensation in connection
with an alert relating to him or her
with an alert relating to him or her
entered by Europol.
entered by Europol.
(3) The Member States and
(3) The Member States and
Europol undertake mutually to
Europol undertake mutually to
Text Origin: Council Mandate
enforce final decisions handed
enforce final decisions handed
G
118
down by the courts, authorities or
down by the courts, authorities or
G
bodies referred to in paragraphs 1
bodies referred to in paragraphs 1
and 2 of this Article, without
and 2 of this Article, without
prejudice to Article 72.
prejudice to Article 72.
(4) Member States and Europol
‘
(4) Member States and Europol
shall report annually to the
(4) Member States
shall report
shall report annually to the
Text Origin: Council Mandate
European Data Protection Board
annually to the European Data
European Data Protection Board
on:
Protection Board and to the
on:
119
European Parliament and Europol
shall report annually to the
EDPS,
the European
Data Protection
BoardParliament and the JPSG on:
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(a) the number of access requests
(a) the number of access requests
submitted to the data controller and
submitted to the data controller and Text Origin: Council Mandate
G
120
the number of cases where access
the number of cases where access
G
to the data was granted;
to the data was granted;
(b) the number of access requests
(b) the number of access requests
submitted to the supervisory
submitted to the supervisory
Text Origin: Council Mandate
G
121
authority and the number of cases
authority and the number of cases
G
where access to the data was
where access to the data was
granted;
granted;
(c) the number of requests for the
(c) the number of requests for the
rectification of inaccurate data and
rectification of inaccurate data and
Text Origin: Council Mandate
for the erasure of unlawfully stored
for the erasure of unlawfully stored
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122
data to the data controller and the
data to the data controller and the
G
number of cases where the data
number of cases where the data
were rectified or erased;
were rectified or erased;
(d) the number of requests for the
(d) the number of requests for the
rectification of inaccurate data and
rectification of inaccurate data and
Text Origin: Council Mandate
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the erasure of unlawfully stored
the erasure of unlawfully stored
G
data submitted to the supervisory
data submitted to the supervisory
authority;
authority;
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(e) the number of court
(e) the number of court
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proceedings initiated;
proceedings initiated;
Text Origin: Council Mandate
G
(f) the number of cases where the
(f) the number of cases where the
Text Origin: Council Mandate
G
125
court ruled in favour of the
court ruled in favour of the
G
applicant;
applicant;
(g) any observations on cases of
(g) any observations on cases of
mutual recognition of final
mutual recognition of final
Text Origin: Council Mandate
decisions handed down by the
decisions handed down by the
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126
courts or authorities of other
courts or authorities of other
G
Member States on alerts entered by
Member States on alerts entered by
the issuing Member State or
the issuing Member State or
Europol.
Europol.
(ga) the number of alerts on
persons with regard to which the
Text Origin: Council Mandate
126a
retention periods have been
extended in accordance with
Article 53(8).
A template for the reporting
A template for the reporting
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G
referred to in this paragraph shall
referred to in this paragraph shall
Text Origin: Council Mandate
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be included in the SIRENE
be included in the SIRENE
Manual.
Manual.
(5) The reports from the Member
(5) The reports from the Member
(5) The reports from the Member
States and Europol shall be
States and Europol shall be
States and Europol shall be
Text Origin: Council Mandate
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128
included in the joint report referred included in
full in the joint report
included in the joint report referred
G
to in Article 71(4).
referred to in Article 71(4).
to in Article 71(4).
’
’
’
(12) Article 72 is replaced by the
(12) Article 72 is replaced by the
G
129
following:
following:
Text Origin: Council Mandate
G
‘
‘
Text Origin: Council Mandate
G
130
Article 72
Article 72
G
Liability
Liability
(1) Without prejudice to the right
(1) Without prejudice to the right
to compensation and to any
to compensation and to any
Text Origin: Council Mandate
liability under Regulation (EU)
liability under Regulation (EU)
G
131
2016/679, Directive (EU)
2016/679, Directive (EU)
G
2016/680, Regulation (EU)
2016/680, Regulation (EU)
2018/1725 and Regulation (EU)
2018/1725 and Regulation (EU)
2016/794:
2016/794:
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(a) any person or Member State
(a) any person or Member State
that has suffered material or non-
that has suffered material or non-
Text Origin: Council Mandate
material damage, as a result of an
material damage, as a result of an
unlawful personal data processing
unlawful personal data processing
operation through the use of N.SIS
operation through the use of N.SIS
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132
or any other act incompatible with
or any other act incompatible with
G
this Regulation by a Member State,
this Regulation by a Member State,
shall be entitled to receive
shall be entitled to receive
compensation from that Member
compensation from that Member
State;
State;
(b) any person or Member State
(b) any person or Member State
that has suffered material or non-
that has suffered material or non-
Text Origin: Council Mandate
material damage as a result of any
material damage as a result of any
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133
act by Europol incompatible with
act by Europol incompatible with
G
this Regulation shall be entitled to
this Regulation shall be entitled to
receive compensation from
receive compensation from
Europol;
Europol;
(c) any person or Member State
(c) any person or Member State
that has suffered material or non-
that has suffered material or non-
Text Origin: Council Mandate
material damage as a result of any
material damage as a result of any
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134
act by eu-LISA incompatible with
act by eu-LISA incompatible with
G
this Regulation shall be entitled to
this Regulation shall be entitled to
receive compensation from eu-
receive compensation from eu-
LISA.
LISA.
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A Member State, Europol or eu-
A Member State, Europol or eu-
LISA shall be exempted from their
LISA shall be exempted from their Text Origin: Council Mandate
liability, in whole or in part, if they
liability, in whole or in part, if they
G
135
prove that they are not responsible
prove that they are not responsible
G
for the event which gave rise to the
for the event which gave rise to the
damage.
damage.
(2) If any failure of a Member
(2) If any failure of a Member
State or Europol to comply with its
State or Europol to comply with its Text Origin: Council Mandate
obligations under this Regulation
obligations under this Regulation
causes damage to SIS, that
causes damage to SIS, that
Member State or Europol shall be
Member State or Europol shall be
held liable for such damage, unless
held liable for such damage, unless
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136
and insofar as eu-LISA or another
and insofar as eu-LISA or another
G
Member State participating in SIS
Member State participating in SIS
failed to take reasonable measures
failed to take reasonable measures
to prevent the damage from
to prevent the damage from
occurring or to minimise its
occurring or to minimise its
impact.
impact.
(3) Claims for compensation
(3) Claims for compensation
against a Member State for the
against a Member State for the
Text Origin: Council Mandate
damage referred to in paragraphs 1
damage referred to in paragraphs 1
G
137
and 2 shall be governed by the
and 2 shall be governed by the
G
national law of that Member State.
national law of that Member State.
Claims for compensation against
Claims for compensation against
Europol for the damage referred to
Europol for the damage referred to
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in paragraphs 1 and 2 shall be
in paragraphs 1 and 2 shall be
governed by Regulation (EU)
governed by Regulation (EU)
2016/794 and subject to the
2016/794 and subject to the
conditions provided for in the
conditions provided for in the
Treaties. Claims for compensation
Treaties. Claims for compensation
against eu-LISA for the damage
against eu-LISA for the damage
referred to in paragraphs 1 and 2
referred to in paragraphs 1 and 2
shall be subject to the conditions
shall be subject to the conditions
provided for in the Treaties.
provided for in the Treaties.
’
’
(13) In Article 74, paragraph 3 is
(13) In Article 74, paragraph 3 is
(13) In Article 74,
paragraph 3 is
replaced by the following:
replaced by the following:
replaced by the followingthe
following paragraph 5a is
138
inserted:
Text Origin: Commission
Proposal
‘
COM (compromise proposal):
"5a. Member States, Europol, and
138a
eu-LISA shall provide annually
the Commission with the
information necessary to
contribute to the evaluation and
report referred to in Article 68 of
Regulation (EU) 2016/794."
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‘
‘
‘
3. eu-LISA shall produce daily,
3. eu-LISA shall produce daily,
3. eu-LISA shall produce daily,
Text Origin: Council Mandate
monthly and annual statistics
monthly and annual statistics
monthly and annual statistics
showing the number of records per showing the number of records per showing the number of records per
category of alerts, both for each
category of alerts,
both for each
category of alerts, both for each
Member State, Europol and in
Member State, Europol and in
Member State, Europol and in
aggregate. eu-LISA shall also
aggregate. eu-LISA shall also
aggregate. eu-LISA shall also
provide annual reports on the
provide annual reports on the
provide annual reports on the
number of hits per category of
number of hits per category of
number of hits per category of
alert, how many times SIS was
alert, how many times SIS was
alert, how many times SIS was
searched and how many times SIS
searched and how many times SIS
searched and how many times SIS
was accessed for the purpose of
was accessed for the purpose of
was accessed for the purpose of
entering, updating or deleting an
entering, updating or deleting an
entering, updating or deleting an
139
alert, both for each Member State,
alert,
both for each Member State,
alert, both for each Member State,
Europol and in aggregate. The
Europol and in aggregate
. eu-LISA Europol and in aggregate. The
statistics produced shall not contain
shall also produce daily, monthly
statistics produced shall not contain
any personal data. The annual
and annual statistics showing the
any personal data. The annual
statistical report shall be published.
number of entries of alerts
statistical report shall be published.
’
proposed by Europol, against
’
which a reasoned objection was
expressed by a Member State,
categorised by Member State and
by objection provided. The
statistics produced shall not contain
any personal data. The annual
statistical report shall be published.
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Council Mandate
(13a) In Article 79, paragraph 3
(13a) In Article 79, paragraph 3
is replaced by the following:
is replaced by the following:
Text Origin: EP Mandate
3. The Commission shall closely
3. COM (compromise proposal):
monitor the process of gradual
fulfilment of the conditions set out
"3. The Commission shall closely
in paragraphs 2 and 7 and shall
monitor fulfilment of the
inform the European Parliament
conditions set out in paragraphs 2
and the Council about the
and 7 and shall inform the
outcome of the verification
European Parliament and the
139b
referred to in those paragraphs.
Council about the fulfilment of
’
the conditions referred to in those
paragraphs and the date on which
operations start in accordance
with this Regulation."
[EP: To consider if amendment
could be dropped.]
(14) In Article 79, the following
(14) In Article 79, the following
(14) In Article 79, the following
(14) In Article 79, the following
140
paragraph 7 is inserted:
paragraph 7 is insertedparagraphs paragraph 7 is inserted:
paragraph 7 is inserted:
are added:
Text Origin: Council Mandate
141
‘
‘
‘
‘
7. The Commission shall adopt 7.
No later than … [one year
7. The Commission shall adopt 7. The Commission shall adopt a
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Council Mandate
a decision setting the date on which
after the entry into force of this
a decision setting the date on which decision setting the date on which
Europol shall start entering,
amending Regulation], the
Europol
Member States shall
Member States shall start entering,
updating and deleting data in SIS
Commission shall adopt a decision start entering, updating and
updating and deleting data in SIS
pursuant to this Regulation as
setting the date
onfrom which
deleting data in SIS pursuant to
according to Article 37a of this
amended by Regulation [XXX],
Europol
shallmay start entering,
according to Article 37a of this
Regulation as amended by
after verification that the following updating and deleting
dataalerts in Regulation as amended by
Regulation [XXX], after
conditions have been met:
SIS
, pursuant to this Regulation
, as Regulation [XXX], after
verification that the following
amended by Regulation [XXX],
verification that the following
conditions have been met:
after verification that the following conditions have been met:
conditions have been met:
[EP wants to set a deadline for the
adoption of a decision by COM
setting the date on which MS can
start using the new type of alert.
EP also suggests to take the
changes of the rest of its
amendment.] Text Origin: Council Mandate
(a) the implementing acts adopted
(a) the implementing acts adopted
(a) the implementing acts adopted
pursuant to this Regulation have
pursuant to this Regulation have
pursuant to this Regulation have
been amended to the extent
been amended to the extent
been amended to the extent
necessary for the application of this
necessary for the application of this necessary for the application of this
G
142
G
Regulation as amended by
Regulation as amended by
Regulation as amended by
Regulation [XXX];
Regulation [XXX];
Regulation [XXX];
Text Origin: Council Mandate
G
143
G
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Council Mandate
(b) Europol has notified the
(b)
Member States and Europol
(b) Member States and Europol
Commission that it has made the
has
have notified the Commission have notified the Commission that
necessary technical and procedural
that it has
they have made the
they have made the necessary
arrangements to process SIS data
necessary technical and procedural technical and procedural
and exchange supplementary
arrangements to process SIS data
arrangements to process SIS data
information pursuant to this
and exchange supplementary
and exchange supplementary
Regulation as amended by
information pursuant to this
information pursuant to this
Regulation [XXX];
Regulation as amended by
Regulation as amended by
Regulation [XXX];
Regulation [XXX];
Text Origin: Council Mandate
(c) eu-LISA has notified the
(c) eu-LISA has notified the
(c) eu-LISA has notified the
Commission of the successful
Commission of the successful
Commission of the successful
completion of all testing activities
completion of all testing activities
completion of all testing activities
with regard to CS-SIS and to the
with regard to CS-SIS and to the
with regard to CS-SIS and to the
G
144
interaction between CS-SIS and the
interaction between CS-SIS and the interaction between CS-SIS and
G
technical interface of Europol
technical interface of Europol
N.SIS.
referred to in Article 48(1) of this
referred to in Article 48(1) of this
Regulation as amended by
Regulation as amended by
Text Origin: Council Mandate
Regulation [XXX].
Regulation [XXX]
N.SIS.
This decision shall be published in
This decision shall be published in
This decision shall be published in
the Official Journal of the
the Official Journal of the
the Official Journal of the
European Union.
European Union.
European Union.
G
145
G
’
’
’
Text Origin: Council Mandate
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Council Mandate
7a. Europol shall, by ... [six
months after the entry into force
Text Origin: Council Mandate
of this amending Regulation],
notify the Commission that it has
made the necessary technical and
145a
procedural arrangements to
process SIS data and exchange
supplementary information
pursuant to this Regulation
[XXX].
’
Article 2
Article 2
Article 2
Entry into force
Entry into force
Entry into force
and application
146
[Suggestion by Council's lawyer-
linguist]
Text Origin: Council Mandate
This Regulation shall enter into
This Regulation shall enter into
This Regulation shall enter into
force on the twentieth day
force on the twentieth day
force on the twentieth day
following that of its publication in
following that of its publication in
following that of its publication in
G
147
the Official Journal of the
the Official Journal of the
the Official Journal of the
G
European Union.
European Union.
European Union.
Text Origin: Council Mandate
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Council Mandate
It shall apply from the date
It shall apply from the date
It shall apply from the date
determined in accordance with
determined in accordance with
determined in accordance with
Article 79 (7) of Regulation (EU)
Article 79 (7) of Regulation (EU)
Article 79 (7) of Regulation (EU)
2018/1862.
2018/1862.
2018/1862
with exception of
Article 1, point 14 which shall
148
apply from … [the date of entry
into force of this Regulation].
[Suggestion by Council's lawyer-
linguist] Text Origin: Council Mandate
This Regulation shall be binding in
This Regulation shall be binding in This Regulation shall be binding in
its entirety and directly applicable
its entirety and directly applicable
its entirety and directly applicable
in the Member States in
in the Member States in
in the Member States in
G
149
G
accordance with the Treaties.
accordance with the Treaties.
accordance with the Treaties.
Text Origin: Council Mandate
Done at Brussels,
Done at Brussels,
Done at Brussels,
G
150
G
Text Origin: Council Mandate
For the European Parliament
For the European Parliament
For the European Parliament
G
151
G
Text Origin: Council Mandate
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Draft Agreement
Council Mandate
The President
The President
The President
G
152
G
Text Origin: Council Mandate
For the Council
For the Council
For the Council
G
153
G
Text Origin: Council Mandate
The President
The President
The President
G
154
G
Text Origin: Council Mandate
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