Proposal for a Regulation amending Regulation (EU) 2018/1862 on the establishment, operation and use of the SIS in the field of police cooperation and judicial cooperation in criminal matters as regards the entry of alerts by Europol
On 9 December 2020, the European Commission presented a proposal for a regulation 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.
This proposal is closely linked with and complements other EU legislative instruments, notably on Europol, insofar as this proposal grants Europol additional rights to process and exchange data within its mandate, in SIS.
In the context of on-going EU efforts to facilitate the detection of persons involved in terrorism-related activities, including foreign terrorist fighters, the Commission identifies several gaps in the sharing of third-country sourced information. While Europol holds valuable information on suspects and criminals that it received from third countries and international organisations, it is not able to provide directly and in real-time frontline officers with the information they need. According to the proposal, this is partly due to the rules governing access to Europol’s information systems, in addition to the fact that Europol is not able to issue alerts in SIS as the most widely used information-sharing database in the EU that is directly accessible for border guards and police officers.
In order to address this security gap, the proposed regulation aims to establish a new alert category specifically for Europol, in order to provide information directly and in real-time to frontline officers. It is intended to enable Europol to issue ‘information alerts’ on suspects and criminals as a new alert category in SIS, for exclusive use by Europol in specific and well-defined cases and circumstances. The purpose of the new alert category is that in case of a ‘hit’, the alert would inform the frontline officer that the person concerned is suspect of being involved in a criminal offence falling within the competence of Europol.
The proposal includes additional amendments to Regulation (EU) 2018/1862 in order to align its provisions concerning data protection, in particular the right of access, rectification of inaccurate data and erasure of unlawfully stored data, remedies and liability with Regulation (EU) 2016/794 and Regulation (EU) 2018/1725 insofar as those alignments are necessary due to the new alert category to be entered by Europol.
type: Proposal for a regulation
Reference number: COM(2020)791 final
Issue date: 09-12-20
Uploads: SIS Regulation proposal