Regulation (EU) 2018/1860 on the use of the Schengen Information System for the return of illegally staying third-country nationals

Summary:

On 21 December 2016 the European Commission presented a proposal for a Regulation on the use of Schengen Information System (SIS) for returning illegally staying third-country nationals.

The European Parliament's plenary session confirmed its position and mandate for interinstitutional negotiations in November 2017. The Council of the European Union adopted its general approach on this proposal shortly afterwards. The two institutions reached an informal agreement on 12 June 2018, and the Regulation was adopted on 28 November.

Further information:

The Schengen Information System (SIS) is a large-scale, centralised information system that supports checks at the external Schengen borders and improves law enforcement and judicial cooperation in 29 countries throughout Europe.

The proposal was adopted as part of a legislative package aimed at reinforcing the Schengen Information System. This set of initiatives was put forward together with a report featuring an assessment to this system.

This specific draft law introduced an obligation for Member States to enter all return decisions in the SIS. The main aims of the proposal were to enhance the enforcement of the EU return policy and to reduce the incentives to irregular migration to the European Union. It established a new alert category and contributed to the implementation and monitoring of Directive 2008/115/EC.

Official

EUR-Lex: COM(2016)881: Proposal for a Regulation on the use of the Schengen Information System for the return of illegally staying third-country nationals http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2016:881:FIN

European Parliament: Legislative Observatory: Procedure File for proposal on use of the Schengen Information System (SIS) for the return of illegally staying third country nationals http://www.europarl.europa.eu/oeil-mobile/fiche-procedure/2016/0407(COD)

European Parliament: Legislative Train: Revision of the Schengen information system for the return of illegally staying third-country nationals http://www.europarl.europa.eu/legislative-train/theme-area-of-justice-and-fundamental-rights/file-jd-revision-of-sis-ii-for-return

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Commentary and Analysis

EPRS: Briefing, February 2018: Use of the Schengen Information System for the return of illegally staying third-country nationals http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2017)599342

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