Regulation 2018/1861 - Establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement - Main contents
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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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2018/1861 |
| Original proposal | COM(2016)882  |
| CELEX number i | 32018R1861 |
| Document | 28-11-2018; Date of signature |
|---|---|
| Publication in Official Journal | 07-12-2018; OJ L 312 p. 14-55 |
| Signature | 28-11-2018 |
| Effect | 27-12-2018; Entry into force Date pub. +20 See Art 66.1 27-12-2018; Application Partial application See Art 66.5(a) 28-12-2019; Application Partial application See Art 66.5(b) 28-12-2020; Application Partial application See Art 66.5(c) 07-03-2023; Application See 66.5 And 32023D0201 |
| Deadline | 28-12-2019; See Art 66.4 28-12-2021; At the latest See Art 66.2 |
| End of validity | 31-12-9999 |
7.12.2018 |
EN |
Official Journal of the European Union |
L 312/14 |
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the of the European Union, and in particular Article 77(2)(b) and (d) and 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 Schengen Information System (SIS) constitutes an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union. SIS is one of the major compensatory measures contributing to maintaining a high level of security within the area of freedom, security and justice of the Union by supporting operational cooperation between national competent authorities, in particular border guards, the police, customs authorities, immigration authorities, and authorities responsible for the prevention, detection, investigation or prosecution of criminal offences or execution of criminal penalties. |
(2) |
SIS was initially set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (2) (the Convention implementing the Schengen Agreement). The development of the second generation of SIS (SIS II) was entrusted to the Commission pursuant to Council Regulation (EC) No 2424/2001 (3) and Council Decision 2001/886/JHA (4). It was later established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council (5) and by Council Decision 2007/533/JHA (6). SIS II replaced SIS as created pursuant to the Convention implementing the Schengen Agreement. |
(3) |
Three years after SIS II was brought into operation, the Commission carried out an evaluation of the system in accordance with Regulation (EC) No 1987/2006 and Decision 2007/533/JHA. On 21 December 2016, the Commission submitted the Report on the Evaluation of the Second Generation Schengen Information System (SIS II) in accordance with Articles 24(5), 43(3) and 50(5) of Regulation (EC) No 1987/2006 and Articles 59(3) and 66(5) of Decision 2007/533/JHA and an accompanying staff working document to the European Parliament and to the Council. The recommendations set out in those documents should be reflected, as appropriate, in this Regulation. |
(4) |
This Regulation constitutes the legal basis for SIS in respect of matters falling within the scope of Chapter 2 of Title V of Part Three of the Treaty on Functioning of the European Union (TFEU). Regulation (EU) 2018/1862 of the European Parliament and of the Council (7) constitutes the legal basis for SIS in respect of matters falling within the scope of Chapters 4 and 5 of Title V of Part Three TFEU. |
(5) |
The fact that the legal basis for SIS consists of separate instruments does not affect the principle that SIS constitutes one single information system that should operate as such. It should include a single network of national offices called SIRENE Bureaux for ensuring the exchange of supplementary information. Certain provisions of those instruments should therefore be identical. |
(6) |
It is necessary to specify the objectives of SIS, certain... |
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