Government and Commission Responses Session 2006-07 - European Union


9TH REPORT: SCHENGEN INFORMATION SYSTEM (SIS II)

Letter from Franco Frattini, Vice-President of the European Committee to the Chairman

  Thank you for sending me a copy of the report of the House of Lords Select Committee on the European Union on the SIS II which reflects the detailed attention that the Sub-Committee on Home Affairs has paid to the developmenof the SIS II.

  I note with particular interest the conclusions of the Sub-Committee as to the value of the SIS II in terms of combating serious cross-border crime. The fundamental purpose underlying the development of the SIS II by the Commission is to provide for a higher level of security in an area without internal borders. The SIS II, therefore, will function as an improved support in the fight against serious crime and terrorism while at the same time better facilitating border control and freedom of movement within the Schengen area.

  You highlight as an issue of particular interest the possibility of enabling UK authorities to access certain immigration data which will be stored in the SIS II to which they will not have access given that the UK participates only to a limited extent in the Schengen acquis.

  The current partial participation of the UK in Schengen is, of course, a matter of sovereign decision for the UK. However, I would point out that the full application by the UK of the Schengen acquis, which would include access to SIS immigration data, is the most straightforward way to guarantee such access. This would be of benefit to both the UK and the other Member States of the EU. Not only would the UK draw the maximum benefit for its own and other EU citizens in terms of free movement, but it would also be readily able to draw on the exchange of important information in supporting border controls and in counteracting potential threats to public or national security.

29 March 2007

Letter from Margot Wallstrom, Vice-President of the European Commission to the Chairman

  Thank you for sending to the Commission the report of the EU Committee of the House of Lords on SIS which was published in March. It provides us with very valuable input to identify issues which are especially important for the United Kingdom in this field.

  You ask in particular about the technical feasibility of differentiating between alerts on "unwanted aliens" for public policy, public security and national security purposes and those based solely on immigration. SIS II is not designed to make such a technical division within the alert category of refusing entry and the current technical specifications of the Central SIS II, which should be tested soon, do not provide for such a division either.

  The Commission can implement technical solutions in the Central SIS II only when they are fully compliant with the rules establishing SIS II and those on the position of the UK's participation in the Schengen acquis as well.

  In this context, I would refer to the letter sent by Jonathan Faull to the Committee on 15 December 2006 which provides its Members with further information regarding the access of UK authorities to SIS "immigration" data. Accordingly, if the UK wants to enlarge its access to SIS data, it should consider participating fully in the Community acquis related to the creation of an area without internal border controls. The full application of Schengen acquis, which includes access to SIS data for the control of extemal borders or the issuing of visas, would benefit both the rest of the EU and the UK.

26 June 2007


 
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