APPENDIX 2: CALL FOR EVIDENCE
Sub-Committee F (Home Affairs) of the House of Lords
Select Committee on the European Union is conducting an inquiry
into the legislative proposals which will govern the establishment,
operation and use of the second generation Schengen Information
System (SIS II).
In June 2005, the Commission submitted three proposals
which together form the legislative basis for SIS II: a Regulation
on the establishment, operation and use of SIS II with respect
to immigration matters (COM (2005) 236 final); a Decision governing
SIS II for policing purposes (COM (2005) 230 final); and
a Regulation giving access to SIS II data by vehicle registration
authorities (COM (2005) 237 final).
The three measures put in place a revised version
of the
Schengen Information System (SIS)—the computerised database,
operational since 1995, which enables Schengen States to exchange
data on persons and objects in order to maintain security in an
area without internal border. The new SIS will enable up to 30
States to connect to the System and integrate biometric data.
The package of legislative proposals for the establishment
of SIS II was agreed by the EU Justice and Home Affairs ministers
on 2 June 2006. All
25 Member States, plus Iceland, Norway, Switzerland and Liechtenstein
will be connected to SIS II once the technical work has been
completed. The System is not likely to be rolled out until late
2007. The United Kingdom and Ireland are included in the database
only for the purposes of police and judicial cooperation. They
are not part of the free travel zone, and hence do not have access
to the immigration data in the current SIS; nor is it envisaged
that they should have access to this data in SIS II.
The aim of the inquiry is to examine the interpretation
and application of the SIS II provisions, including points
relevant to the specific position of the United Kingdom, taking
into account the planned adoption of implementing measures by
the Commission. The inquiry will also look at the development
of SIS II against the wider context of exchange of data on
Justice and Home Affairs matters, particularly with regard to
current plans on interoperability of EU databases and proposed
data protection rules in the third pillar.
Written evidence is invited on all aspects of the
SIS II proposals. The Sub-Committee would particularly welcome
comments on:
- the decision-making process which
has led to the development of SIS II, particularly the adequacy
of public consultation and lack of impact assessment;
- the operational management of SIS II by
the Commission, and whether the rules ensure accountability;
- the implications of including biometric data;
- the provisions allowing the interlinking of alerts;
- the criteria for listing persons to be refused
entry;
- the appropriateness of including third-country
national family members of EU citizens in the SIS II;
- the clarity of the rules governing collection
of and access to data, including the desirability of granting
access to immigration data to police and asylum authorities;
- the adequacy of data protection rules, in particular
as regards data which might be transferred to third countries;
- the implications of the plans on interoperability
of EU databases;
- the United Kingdom's position on the SIS, particularly
the need for access by the UK to immigration data.
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