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SIS - Background

The SIS was established in 1995 in the signatory Member States of the Schengen Agreement, as a major compensatory measure following the abolition of internal border controls.

In order to efficiently maintain a high level of security, Member States had to move away from the traditional concept of bilateral agreements and legal assistance and establish a unique instrument with a view to:

Making such information immediately available to all competent national authorities

Sharing security-related information in a centralised and structured way

Empowering competent authorities in other Member States to act on behalf of requesting Member States

SIS

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What is SIS?

SIS

A highly efficient large-scale information system that supports external border control and law enforcement cooperation in the Schengen States

The most important and effective information exchange tool; and a compensatory measure as the abolition of the internal borders necessitated new initiatives in order to maintain a high level of security by supporting operational cooperation between police, border guard and judicial authorities.

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What does SIS do?

The SIS enables competent authorities, such as police and border guards, to enter and consult alerts on certain categories of wanted or missing persons and objects.
An SIS alert not only contains information about a particular person or object but also clear instructions on what to do when the person or object has been found.

SIS

Query

Action to take

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What does SIS do?

The 'second generation' SIS (SIS II) replaced the original SIS on 9 April 2013 which had been in operation since 1995 with a technically more advanced system offering additional functionalities and extended data categories.
Today, SIS is the largest information exchange platform in Europe containing data on persons and objects:

currently it contains approximately 82 million records;
it was accessed 5.1 billion times in 2017;
243 818 hits were achieved (law enforcement action taken on the basis of SIS alerts in 2017.

SIS

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SIS alert categories

SIS

Refusal of entry or stay
Persons wanted for arrest
Missing persons
Persons sought to assist with a judicial procedure
Persons and objects for discreet or specific checks
Objects for seizure (lost, stolen, invalidated documents, stolen vehicles, firearms etc.)

Refusal of entry or stay (Article 24 of Regulation (EC) No 1987/2006) This alert category covers third-country nationals who are not entitled to enter into or stay in the Schengen Area, either because of a previous abuse of immigration procedures, resulting in them having been issued with an entry ban, or

Persons wanted for arrest (Article 26 of Council Decision 2007/533/JHA) This alert category covers persons for whom a European Arrest Warrant or Extradition Request (Associated Countries) has been issued.

Missing persons (Article 32 of Council Decision 2007/533/JHA) The purpose of this alert category is to find missing persons, including children, and to place them under protection if lawful and necessary.

Persons sought to assist with a judicial procedure (Article 34 of Council Decision 2007/533/JHA) The purpose of this alert category is to find out the place of residence or domicile of persons sought to assist with criminal judicial procedures (for example witnesses).

Persons and objects for discreet or specific checks (Article 36 of Council Decision 2007/533/JHA) The purpose of this alert is to obtain information on persons or related objects for the purposes of prosecuting criminal offences and for the prevention of threats to public or national security.

Objects for seizure or use as evidence in criminal procedures (Article 38 of Council Decision 2007/533/JHA) This alert covers objects (for example vehicles, travel documents, credit cards, number plates and industrial equipment) being sought for the purposes of seizure or use as evidence in criminal proceedings

Every alert in SIS results from a decision taken by the competent authorities at the national level

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SIS end-users

SIS

Who has access to SIS?

Border control

Police

Customs

Visa and immigration authorities

Judicial authorities

Vehicle registration services

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SIS end-users

SIS

Operational end-users access SIS data via their national law enforcement systems; so a routine check will search both the national databases and the SIS at the same time.

It is directly accessible by more than 1 million end-users.

The SIS II adopts a simple approach:

(1) The text on the screen informs the officers on the ground if there is a hit (person is wanted/missing)

(2) It informs them of the the action to take

(3) It informs them who to contact to report the hit

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Legal Base

SIS

Establishment, operation and use of SIS:

Regulation 1987/2006/EC

Council Decision 2007/533/JHA

Access to SIS by MS vehicle registration services

Regulation 1986/2006/EC

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SIS

Implementing rules:

SIRENE Manual

Commission Implementing Decision (EU) 2017/1528 of 31 August 2017 replacing the Annex to Implementing Decision 2013/115/EU on the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II)

(notified under document C(2017) 5893) (OJ L 231, 07.09.2017, p6)

Recommendations and Best Practice 'Best Practice Catalogue':

Catalogue of recommendations and best practices for the correct application of the SIS and the exchange of supplementary information by the Member States competent authorities implementing and using SIS

(COM Recommendation C(2018) 2161 final)

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Currently:

30 countries use SIS

-> 26 EU Member States

UK: limited use of SIS

- only for police and judicial

cooperation

CY and IE: not yet connected

BG, RO: recently full use of SIS (not yet in Schengen)

-> 4 non-EU Schengen States

Full use (IS, NO, CH, LI)

Institutional users: Europol/Eurojust.

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What is SIRENE?

SIRENE - Supplementary Information Request at the National Entries.
SIS stores sufficient data for front-line officers to identify a person or an object. Member States need to consult each other about the circumstances and follow-up the specific case - SIRENE Bureaux.
Each Member States must designate the authority which shall ensure the exchange of all supplementary information (the SIRENE Bureau) – SPOC 24/7 (integrated office with Interpol)
Communication is through the use of SIRENE forms, designed for their specific purposes.
The SIRENE Bureaux are at the very heart of SIS operation and play a key role in effective information exchange

SIS

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What is eu-LISA?

The European Agency for the operational management of large-scale IT Systems in the area of freedom, security and justice

EU executive Agency established by Regulation 1077/2011 which took over the operational management of SIS and other large scale IT systems (new regulation to enter into force soon).

Responsible for functioning and maintenance of system 24/7.

SIS

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SIS

On 21 December 2016 the Commission proposed a revision of SIS to bring about important technical and operational improvements to the system

26 EU

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SIS – the future

Commission proposals – 21 December 2016.
Close potential security gaps and strengthen the system as a whole.
3 new SIS Regulations:

Return
Border Control
Police

The Regulations will be adopted December 2018
The provisions will enter into force latest 3 years after.

Biometrics; Counter-terrorism; Return alerts

SIS

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��EES�Entry/Exit system

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ENTRY/EXIT SYSTEM

System to register entries and exits of all Third Country Nationals (TCN) to and from the Schengen area.

Stamps replaced with electronic registration.

Scope of application of EES

Entries and exits for a short stay ("90/180 days" rule);
Visa-exempt + visa-required TCNs;
No registration of EU citizens and residence card/permit holders.

Objectives

Improve quality and efficiency of border controls;
Systematically identify overstayers;
Reinforce internal security and fight against terrorism.

EES

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Legal Base

EES

Establishment of EES:

REGULATION (EU) 2017/2226 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011.

Consequential amendments:

REGULATION (EU) 2017/2225 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 November 2017 amending Regulation (EU) 2016/399 as regards the use of the Entry/Exit System.

EES to be operational by 2020

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The EES will register border crossings (entry & exit & refusal) for all TCNs visiting Schengen for a short stay.

The identity (alphanumeric data, 4 fingerprints and facial image) together with details of the travel document will be linked to electronic entry and exit records.

Travel documents will no longer be stamped.

Entry-Exit

System

TCN

Entry

Shared Biometric

Matching

System

Enrol

Exit

TCN

Verify

EES

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Automation possibilities via self-service kiosks

Frank Smith

USA 9936745A

07/04/1974

72 days

until

14/04/2021

Enrolment or verification (Machine readable travel document (MRTD), facial image, fingerprints)
Questions/Responses
Checks against databases (national, ETIAS, EES, VIS,..)
If first entry or if problem: need to pass through border guards
If subsequent entry: not necessary to pass through border guards

Read barcode
Show MRTD
(Authenticate MRTD)
Verify Responses
Profiling
Entry confirmation
Give slip back

example

EES

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�ETIAS�

European Travel Information and�Autorisation�System�

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ETIAS

System to gather information and identify migration, security or health risks associated with a visa-exempt visitor travelling to the Schengen Area.

Scope of application of ETIAS

Visa-exempt third country nationals

Objectives

Determine security and migration risks;
Less refusals of entry at the border;
Pre-assess and inform travellers whether they are admissible to enter the Schengen Area.

ETIAS

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Legal Base

ETIAS

Establishment of ETIAS:

Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226.

Consequential amendments:

Regulation (EU) 2018/1241 of the European Parliament and of the Council of 12 September 2018 amending Regulation (EU) 2016/794 for the purpose of establishing a European Travel.

ETIAS to be operational by end of 2021

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ETIAS overview

More than an IT system	Consists of: the ETIAS Information System the ETIAS Central Unit (EBCGA) the ETIAS National Units (Member States)
What?	A travel authorisation: To board on a vessel bound to a Schengen country (by air and sea) or to travel to the Schengen borders (by land); Valid for 3 year period of time and multiple entries; Not an authorisation to enter Schengen – border guards perform their standard border control as per the Schengen Borders Code, incl. ETIAS status and may still refuse entry. Not a visa.
Who?	Visa-exempt third country nationals.
Why?	Information gap on visa-exempt travellers, security and migratory risks, monitoring of border-crossings. To carry out advance checks on visa-exempt third country nationals allowing to determine the security and migration risks of visa exempt visitor to travel to the Schengen Area.
When?	Travellers apply prior to their trip.
Where?	The Schengen Area.

ETIAS

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How it works

EES enrolment

ETIAS

Central System

Automated risk assessment

EBCGA

MS authorities

Manual risk assessment

Online ETIAS application

Payment processor

Processing Bank

Traveller Bank

Carriers

Carrier interface

Board

No board

EU and international databases

Border controls and verification of travel document (passport) and travel authorisation

Border guard

Entry

No entry

Finalisation of EES enrolment

Verification in case of hit

ETIAS

Application

Online application (travel document, credit card and email address)

Data collected

Biographical data, passport, contact details and answers to background questions

Fee

€7 to cover operational costs, applies to those over 18 and below 70 years of age

Validity

3 years (or until expiry of travel document)

Automated process

Queries all relevant European (EES, VIS, SIS, ECRIS-TCNs, Eurodac), Europol and Interpol (SLTD and TDAWN) databases

Response time

Within minutes

Manual processing

Manual processing by:

Carriers check

Border crossing point

Border control as per Schengen Borders Code, including a check of whether there is a valid travel authorisation.

Data-retention

During the validity of the travel authorisation. Additional max. of 3 years if applicant consents.

If there was a decision to refuse, annul or revoke a travel authorisation – application file stored for 5 years.

Data access

Competent national authorities (ETIAS National Units, border authorities at borders to a limited set of data, immigration authorities under strict and specific conditions)

Access by law enforcement authorities under specific conditions

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