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Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 article 63 CELEX: 02018R1861-20210803 without prejudice to Regulation (EU) 2016/794, allow the European Data Protection Supervisor to monitor and review the activities of Europol in the exercise of its right to access and search data in SIS II and in the exchange and processing of supplementary information. |
Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 article 63 CELEX: 02018R1861-20210803 Amendments to Regulation (EC) No 1987/2006
Regulation (EC) No 1987/2006 is amended as follows:
Article 6 is replaced by the following:
‘Article 6
National Systems
Article 11 is replaced by the following:
‘Article 11
Confidentiality – Member States
Article 15 is amended as follows:
the following paragraph is inserted:
The Management Authority shall provide a regular report to the Commission covering the issues encountered and the Member States concerned.
The Commission shall provide the European Parliament and the Council with a regular report on data quality issues that are encountered.’;
paragraph 8 is replaced by the following:
in Article 17, the following paragraphs are added:
in Article 20(2), the following point is inserted:
‘(ka) the type of offence;’;
in Article 21, the following paragraph is added: |
Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 article 63 CELEX: 02018R1861-20210803 ‘Where the decision to refuse entry and stay referred to in Article 24(2) is related to a terrorist offence, the case shall be considered adequate, relevant and important enough to warrant an alert in SIS II. For public or national security reasons, Member States may exceptionally refrain from entering an alert when it is likely to obstruct official or legal inquiries, investigations or procedures.’;
Article 22 is replaced by the following:
‘Article 22
Specific rules for entering, verification or search with photographs and fingerprints
Article 26 is replaced by the following:
‘Article 26
Conditions for entering alerts on third-country nationals subject to restrictive measures
Member States shall put in place the necessary procedures for entering, updating and deleting such alerts.’;
the following Articles are inserted:
‘Article 27a
Access to data in SIS II by Europol
Europol shall:
without prejudice to paragraphs 4 and 6, not connect parts of SIS II nor transfer the data contained in it to which it has access to any system for data collection and processing operated by or at Europol, nor download or otherwise copy any part of SIS II; |
Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 article 63 CELEX: 02018R1861-20210803 notwithstanding Article 31(1) of Regulation (EU) 2016/794, delete supplementary information containing personal data at the latest one year after the related alert has been deleted. By way of derogation, where Europol has information in its databases or operational analysis projects on a case to which the supplementary information is related, in order for Europol to perform its tasks, Europol may exceptionally continue to store the supplementary information when necessary. Europol shall inform the issuing and the executing Member State of the continued storage of such supplementary information and present a justification for it;
limit access to data in SIS II, including supplementary information, to specifically authorised staff of Europol who require access to such data for the performance of their tasks;
adopt and apply measures to ensure security, confidentiality and self-monitoring in accordance with Articles 10, 11 and 13;
ensure that its staff who are authorised to process SIS II data receive appropriate training and information in accordance with Article 14; and |