Regulation (EU) 2018/1862 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 police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU

• Published date: 11 June 2019
• Subject Matter: coopération judiciaire en matière pénale,libre circulation des personnes,coopération policière
• Official Gazette Publication: Journal officiel de l'Union européenne, L 312, 7 décembre 2018

02018R1862 — EN — 11.06.2019 — 001.001

---

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B REGULATION (EU) 2018/1862 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 police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312 7.12.2018, p. 56)

Amended by:

		Official Journal
		No	page	date
►M1	REGULATION (EU) 2019/818 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 2019	L 135	85	22.5.2019

---

▼B

REGULATION (EU) 2018/1862 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 police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU

CHAPTER I

General provisions

Article 1

General purpose of SIS

The purpose of SIS shall be to ensure a high level of security within the area of freedom, security and justice of the Union including the maintenance of public security and public policy and the safeguarding of security in the territories of the Member States, and to ensure the application of the provisions of Chapter 4 and Chapter 5 of Title V of Part Three TFEU relating to the movement of persons on their territories, using information communicated through this system.

Article 2

Subject matter

1. This Regulation establishes the conditions and procedures for the entry and processing of alerts in SIS on persons and objects and for the exchange of supplementary information and additional data for the purpose of police and judicial cooperation in criminal matters.

2. This Regulation also lays down provisions on the technical architecture of SIS, on the responsibilities of the Member States and of the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), on data processing, on the rights of the persons concerned and on liability.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘alert’ means a set of data entered into SIS allowing the competent authorities to identify a person or an object with a view to taking specific action;

(2) ‘supplementary information’ means information not forming part of the alert data stored in SIS, but connected to alerts in SIS, which is to be exchanged through the SIRENE Bureaux:

(a) in order to allow Member States to consult or inform each other when entering an alert;

(b) following a hit in order to allow the appropriate action to be taken;

(c) when the required action cannot be taken;

(d) when dealing with the quality of SIS data;

(e) when dealing with the compatibility and priority of alerts;

(f) when dealing with rights of access;

(3) ‘additional data’ means the data stored in SIS and connected with alerts in SIS which are to be immediately available to the competent authorities where a person in respect of whom data has been entered in SIS is located as a result of conducting a search in SIS;

(4) ‘personal data’ means personal data as defined in point 1 of Article 4 of Regulation (EU) 2016/679;

(5) ‘processing of personal data’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, logging, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

(6) a ‘match’ means the occurrence of the following steps:

(a) a search has been conducted in SIS by an end-user;

(b) that search has revealed an alert entered into SIS by another Member State; and

(c) data concerning the alert in SIS match the search data;

(7) a ‘hit’ means any match which fulfils the following criteria:

(a) it has been confirmed by:

(i) the end-user; or

(ii) the competent authority in accordance with national procedures, where the match concerned was based on the comparison of biometric data;

and

(b) further actions are requested;

(8) ‘flag’ means a suspension of the validity of an alert at the national level that may be added to alerts for arrest, alerts on missing and vulnerable persons and alerts for discreet, inquiry and specific checks;

(9) ‘issuing Member State’ means the Member State which entered the alert into SIS;

(10) ‘executing Member State’ means the Member State which takes or has taken the required actions following a hit;

(11) ‘end-user’ means a member of staff of a competent authority authorised to search directly CS-SIS, N.SIS or a technical copy thereof;

(12) ‘biometric data’ means personal data resulting from specific technical processing relating to the physical or physiological characteristics of a natural person, which allow or confirm the unique identification of that natural person, namely photographs, facial images, dactyloscopic data and DNA profile;

(13) ‘dactyloscopic data’ means data on fingerprints and palm prints which due to their unique character and the reference points contained therein enable accurate and conclusive comparisons on a person's identity;

(14) ‘facial image’ means digital images of the face with sufficient image resolution and quality to be used in automated biometric matching;

(15) ‘DNA profile’ means a letter or number code which represents a set of identification characteristics of the noncoding part of an analysed human DNA sample, namely the particular molecular structure at the various DNA locations (loci);

(16) ‘terrorist offences’ means offences under national law referred to in Articles 3 to 14 of Directive (EU) 2017/541 of the European Parliament and of the Council ( 1 ), or equivalent to one of those offences for the Member States which are not bound by that Directive;

(17) ‘threat to public health’ means a threat to public health as defined in point (21) of Article 2 of Regulation (EU) 2016/399 of the European Parliament and of the Council ( 2 );

▼M1

(18) ‘ESP’ means the European search portal established by Article 6(1) of Regulation (EU) 2019/818 of the European Parliament and of the Council ( 3 );

(19) ‘shared BMS’ means the shared biometric matching service established by Article 12(1) of Regulation (EU) 2019/818;

(20) ‘CIR’ means the common identity repository established by Article 17(1) of Regulation (EU) 2019/818;

(21) ‘MID’ means the multiple-identity detector established by Article 25(1) of Regulation (EU) 2019/818.

▼B

Article 4

Technical architecture and ways of operating SIS

1. SIS shall be composed of:

(a) a central system (Central SIS) composed of:

(i) a technical support function (‘CS-SIS’) containing a database (the ‘SIS database’), and including a backup CS-SIS;

(ii) a uniform national interface (‘NI-SIS’);

▼M1

(b) a national system (N.SIS) in each of the Member States, consisting of the national data systems which communicate with Central SIS, including at least one national or shared backup N.SIS;

(c) a communication infrastructure between CS-SIS, backup CS-SIS and NI-SIS (‘the Communication Infrastructure’) that provides an encrypted virtual network dedicated to SIS data and the exchange of data between SIRENE Bureaux, as referred to in Article 7(2); and

(d) a secure communication infrastructure between CS-SIS and the central infrastructures of the ESP, the shared BMS and the MID.

▼B

An N.SIS as referred to in point (b) may contain a data file (a ‘national copy’) containing a complete or partial copy of the SIS database. Two or more Member States may establish in one of their N.SIS a shared copy which may be used jointly by those Member States. Such shared copy shall be considered as the national copy of each of those Member States.

A shared backup N.SIS as referred to in point (b) may be used jointly by two or more Member States. In such cases, the shared backup N.SIS shall be considered as the backup N.SIS of each of those Member States. The N.SIS and its backup may be used simultaneously to ensure uninterrupted availability to end-users.

Member States intending to establish a shared copy or shared backup N.SIS to be used jointly shall agree their respective responsibilities in writing. They shall notify their arrangement to the Commission.

The Communication Infrastructure shall support and contribute to ensuring the uninterrupted availability of SIS. It shall include redundant and separated paths for the connections between CS-SIS and the backup CS-SIS and shall also include redundant and separated paths for the connections between each SIS national network access point and CS-SIS and backup CS-SIS.

2. Member States shall enter, update, delete and search SIS data through their own N.SIS. The Member States using a partial or a complete national copy or a partial or complete shared copy shall make that copy available for the purpose of...