Regulation (EU) 2022/1190 of the European Parliament and of the Council of 6 July 2022 amending Regulation (EU) 2018/1862 as regards the entry of information alerts into the Schengen Information System (SIS) on third-country nationals in the interest of the Union

‘1 Without prejudice to Article 8(1) or to the provisions of this Regulation providing for the storage of additional data, SIS shall contain only those categories of data which are supplied by each Member State, as required for the purposes laid down in Articles 26, 32, 34, 36, 37a, 38 and 40.’;

‘1 Where a Member State considers that to give effect to an alert entered in accordance with Article 26, 32, 36 or 37a is incompatible with its national law, its international obligations or essential national interests, it may require that a flag be added to the alert to the effect that the action to be taken on the basis of the alert will not be taken in its territory. The flag shall be added by the SIRENE Bureau of the issuing Member State.’;

1 Member States may enter information alerts on third-country nationals in the interest of the Union (‘information alerts’) into SIS, as referred to in Article 4(1), point (t), of Regulation (EU) 2016/794, upon a proposal by Europol to enter an information alert on the basis of information received from the authorities of third countries or international organisations. Europol shall notify its Data Protection Officer where it makes such a proposal.

2 Information alerts shall be entered into SIS for the purpose of informing end-users carrying out a search in SIS of the suspected involvement of third-country nationals in terrorist offences or in other serious crime listed in Annex I to Regulation (EU) 2016/794, with a view to obtaining the information set out in Article 37b of this Regulation.

3 Europol shall propose that information alerts be entered into SIS only in the following cases and provided that it has verified that the conditions set out in paragraph 4 are fulfilled: (a) where there is a factual indication that a person intends to commit or is committing any of the offences referred to in paragraph 2; (b) where an overall assessment of a person, in particular on the basis of past criminal offences, gives reason to believe that that person may commit an offence referred to in paragraph 2.

4 Europol shall propose that information alerts be entered into SIS only after it has established that the information alert is necessary and justified, by ensuring that both of the following conditions are fulfilled: (a) an analysis of the information provided in accordance with Article 17(1)(b) of Regulation (EU) 2016/794 confirmed the reliability of the source of information as well as the accuracy of the information on the person concerned, permitting Europol to determine, where necessary, after having carried out further exchanges of information with the data provider in accordance with Article 25 of Regulation (EU) 2016/794, that at least one of the cases set out in paragraph 3 applies; (b) a search in SIS, carried out in accordance with Article 48 of this Regulation, did not disclose the existence of an alert on the person concerned.

5 Europol shall make available the information it holds on the particular case and the results of the assessment referred to in paragraphs 3 and 4 to the Member States and propose that one or more Member States enter an information alert into SIS. Where Europol has relevant additional or modified data in relation to its proposal to enter an information alert, or where Europol has evidence suggesting that the data included in its proposal to enter an information alert are factually incorrect or have been unlawfully stored, it shall inform the Member States without delay.

6 The proposal by Europol to enter information alerts shall be subject to the verification and analysis by the Member State to which Europol proposed the entry of such alerts. Such information alerts shall be entered into SIS at the discretion of that Member State.

7 Where information alerts are entered into SIS in accordance with this Article, the issuing Member State shall inform the other Member States and Europol about that entry through the exchange of supplementary information.

8 Where Member States decide not to enter the information alert upon the proposal by Europol and where the respective conditions are met, they may decide to enter another type of alert on the same person.

9 Member States shall inform the other Member States and Europol on the outcome of the verification and analysis of the data in Europol’s proposal, as referred to in paragraph 6, and on whether data has been entered into SIS, within a period of 12 months after Europol has proposed the entry of an information alert. For the purposes of the first subparagraph, Member States shall put in place a periodic reporting mechanism.

10 Where Europol has relevant additional or modified data in relation to an information alert, it shall transmit those data without delay, through the exchange of supplementary information, to the issuing Member State to enable the latter to complete, modify or delete the information alert.

11 Where Europol has evidence suggesting that data entered into SIS in accordance with paragraph 1 are factually incorrect or have been unlawfully stored, it shall, through the exchange of supplementary information, inform the issuing Member State as soon as possible and not later than two working days after that evidence has come to its attention. The issuing Member State shall check the information and, if necessary, correct or delete the data in question without delay.

12 Where there is a clear indication that the objects referred to in Article 38(2), points (a), (b), (c), (e), (g), (h), (j) and (k), or non-cash means of payment are connected with a person who is the subject of an information alert pursuant to paragraph 1 of this Article, alerts on those objects may be entered in order to locate the person. In such cases, the information alert and the alert on the object shall be linked in accordance with Article 63.

13 Member States shall put in place the necessary procedures for entering, updating and deleting information alerts in SIS in accordance with this Regulation.

14 Europol shall keep records relating to its proposals for entering information alerts into SIS under this Article and provide reports to Member States every six months on the information alerts entered into SIS and on the cases where Member States did not enter the information alerts.

15 The Commission shall adopt implementing acts to lay down and develop rules necessary for entering, updating, deleting and searching the data referred to in paragraph 11 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

1 In the event of a hit on an information alert, the executing Member State shall collect and communicate to the issuing Member State all or some of the following information: (a) the fact that the person who is the subject of an information alert has been located; (b) the place, time and reason for the check; (c) the route of the journey and destination; (d) the persons accompanying the subject of the information alert who can reasonably be expected to be associated with the subject of the information alert; (e) objects carried, including travel documents; (f) the circumstances in which the person was located.

2 The executing Member State shall communicate the information referred to in paragraph 1 to the issuing Member State through the exchange of supplementary information.

3 Paragraph 1 of this Article shall apply also where the person who is the subject of an information alert is located in the territory of the Member State that entered into SIS the information alert for the purpose of informing Europol in accordance with Article 48(8), point (b).

4 The executing Member State shall ensure the discreet collection of as much information described in paragraph 1 as possible during routine activities carried out by its national competent authorities. The collection of such information shall not jeopardise the discreet nature of the checks and the subject of the information alert shall in no way be made aware of the existence of such alert.’;

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from the date determined in accordance with Article 79(7) of Regulation (EU) 2018/1862 with the exception of Article 1, point 12, of this Regulation which shall apply from 1 August 2022.