Regulation 2018/1860 - Use of the Schengen Information System for the return of illegally staying third-country nationals - Main contents
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official title
Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2018/1860 |
| Original proposal | COM(2016)881  |
| CELEX number i | 32018R1860 |
| Document | 28-11-2018; Date of signature |
|---|---|
| Publication in Official Journal | 07-12-2018; OJ L 312 p. 1-13 |
| Signature | 28-11-2018 |
| Effect | 01-01-1001; Application See Art 20 27-12-2018; Entry into force Date pub. +20 See Art 20 |
| Deadline | 01-01-1001; See Art 18 |
| End of validity | 31-12-9999 |
7.12.2018 |
EN |
Official Journal of the European Union |
L 312/1 |
REGULATION (EU) 2018/1860 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 28 November 2018
on the use of the Schengen Information System for the return of illegally staying third-country nationals
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(c) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in full respect of fundamental rights and in particular the principle of non-refoulement, and in accordance with Directive 2008/115/EC of the European Parliament and of the Council (2), is an essential part of the comprehensive efforts to tackle irregular migration and increase the rate of return of irregular migrants. |
(2) |
It is necessary to increase the effectiveness of the Union system to return illegally staying third-country nationals. This is essential for maintaining public trust in the Union migration and asylum policy and providing support to persons in need of international protection. |
(3) |
Member States should take all necessary measures to return illegally staying third-country nationals in an effective and proportionate manner, in accordance with the provisions of Directive 2008/115/EC. |
(4) |
Regulation (EU) 2018/1861 (3) and Regulation (EU) 2018/1862 (4) of the European Parliament and of the Council lay down the conditions for the establishment, operation and use of the Schengen Information System (SIS). |
(5) |
A system should be established for sharing information between Member States that use SIS pursuant to Regulation (EU) 2018/1861 concerning return decisions issued in respect of third-country nationals staying illegally on the territory of the Member States and for monitoring whether third-country nationals subject to those decisions have left the territory of the Member States. |
(6) |
This Regulation does not affect the rights and obligations of third-country nationals laid down in Directive 2008/115/EC. An alert entered into SIS for the purpose of return does not, in itself, constitute a determination of the status of the third-country national on the territory of Member States, especially in Member States other than the Member State which entered the alert into SIS. |
(7) |
Alerts on return entered into SIS and the exchange of supplementary information concerning those alerts should support competent authorities to take the necessary measures to enforce return decisions. SIS should contribute to the identification of and the information sharing between Member States on third-country nationals who are subject to such a return decision, who have absconded and are apprehended in another Member State. Those measures should help prevent and deter irregular migration and secondary movements and enhance cooperation between Member States' authorities. |
(8) |
To ensure the effectiveness of return and increase the added value of alerts on return, Member States should enter alerts into SIS in relation to return decisions they issue in respect of illegally staying third-country nationals in accordance with provisions respecting Directive 2008/115/EC. For this purpose, Member States should also enter an alert into SIS when decisions imposing or stating an obligation to return are issued in the situations described in Article 2(2) of that Directive, namely to third-country nationals who are subject to a refusal of... |
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