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

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.

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.

SIS shall be composed of:

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 carrying out automated searches in the territory of each of those Member States. The partial national or shared copy shall contain at least the data listed in points (a) to (v) of Article 20 (3). It shall not be possible to search the data files of other Member States' N.SIS except in the case of shared copies.

CS-SIS shall perform technical supervision and administration functions and have a backup CS-SIS, capable of ensuring all functionalities of the principal CS-SIS in the event of failure of that system. CS-SIS and the backup CS-SIS shall be located in the two technical sites of eu-LISA.

eu-LISA shall implement technical solutions to reinforce the uninterrupted availability of SIS either through the simultaneous operation of CS-SIS and the backup CS-SIS, provided that the backup CS-SIS remains capable of ensuring the operation of SIS in the event of a failure of CS-SIS, or through duplication of the system or its components. Notwithstanding the procedural requirements laid down in Article 10 of Regulation (EU) 2018/1726 eu-LISA shall no later than 28 December 2019, prepare a study on the options for technical solutions, containing an independent impact assessment and cost-benefit analysis.

Where necessary in exceptional circumstances, eu-LISA may temporarily develop an additional copy of the SIS database.

CS-SIS shall provide the services necessary for the entry and processing of SIS data, including searches in the SIS database. For the Member States which use a national or shared copy, CS-SIS shall:

CS-SIS shall provide uninterrupted availability.

Without prejudice to paragraphs 1 to 5, SIS data on persons and identity documents may also be searched via the ESP.

Without prejudice to paragraphs 1 to 5, SIS data on persons and identity documents may also be transmitted via the secure communication infrastructure referred to in point (d) of paragraph 1. These transmissions shall be limited to the extent that the data are required for the purposes of Regulation (EU) 2019/818.

The costs of operating, maintaining and further developing Central SIS and the Communication Infrastructure shall be borne by the general budget of the Union. Those costs shall include work done with respect to CS-SIS, in order to ensure the provision of the services referred to in Article 4(6).

The costs of setting up, operating, maintaining and further developing each N.SIS shall be borne by the Member State concerned.

Each Member State shall designate an authority (the N.SIS Office), which shall have central responsibility for its N.SIS.

Each Member State shall designate a national authority which shall be operational 24 hours a day, 7 days a week and which shall ensure the exchange and availability of all supplementary information (the SIRENE Bureau) in accordance with the SIRENE Manual. Each SIRENE Bureau shall serve as a single contact point for its Member State to exchange supplementary information regarding alerts and to facilitate the requested actions to be taken when alerts on persons or objects have been entered in SIS and those persons or objects are located following a hit.

The Member States shall provide eu-LISA with details of their N.SIS Office and of their SIRENE Bureau. eu-LISA shall publish the list of the N.SIS Offices and the SIRENE Bureaux together with the list referred to in Article 56(7).

Supplementary information shall be exchanged in accordance with the provisions of the SIRENE Manual and using the Communication Infrastructure. Member States shall provide the necessary technical and human resources to ensure the continuous availability and timely and effective exchange of supplementary information. In the event that the Communication Infrastructure is unavailable, Member States shall use other adequately secured technical means to exchange supplementary information. A list of adequately secured technical means shall be laid down in the SIRENE Manual.

Supplementary information shall be used only for the purpose for which it was transmitted in accordance with Article 64 unless prior consent for another use is obtained from the issuing Member State.

The SIRENE Bureaux shall carry out their tasks in a quick and efficient manner, in particular by replying to a request for supplementary information as soon as possible but not later than 12 hours after the receipt of the request. In case of alerts for terrorist offences, of alerts on persons wanted for arrest for surrender or extradition purposes, and in cases of alerts on children referred to in point (c) of Article 32(1) the SIRENE Bureaux shall act immediately.

The Commission shall adopt implementing acts to lay down detailed rules for the tasks of the SIRENE Bureaux pursuant to this Regulation and the exchange of supplementary information in the form of a manual entitled the ‘SIRENE Manual’. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

When setting up its N.SIS, each Member State shall comply with common standards, protocols and technical procedures established to ensure the compatibility of its N.-SIS with Central SIS for the prompt and effective transmission of data.

If a Member State uses a national copy, it shall ensure, by means of the services provided by CS-SIS and by means of automatic updates referred to in Article 4(6), that the data stored in the national copy are identical to and consistent with the SIS database and that a search in its national copy produces a result equivalent to that of a search in the SIS database.

End-users shall receive the data required to perform their tasks, in particular, and where necessary, all the available data allowing for the identification of the data subject and for the requested action to be taken.

Member States and eu-LISA shall undertake regular tests to verify the technical compliance of the national copies referred to in paragraph 2. The results of those tests shall be taken into consideration as part of the mechanism established by Council Regulation (EU) No 1053/2013 ([^E0004]).

The Commission shall adopt implementing acts to lay down and develop common standards, protocols and technical procedures, referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Each Member State shall, in relation to its N.SIS, adopt the necessary measures, including a security plan, a business continuity plan and a disaster recovery plan, in order to:

Member States shall take measures equivalent to those referred to in paragraph 1 as regards security in respect of the processing and exchange of supplementary information, including by securing the premises of the SIRENE Bureaux.

Member States shall take measures equivalent to those referred to in paragraph 1 of this Article as regards security in respect of the processing of SIS data by the authorities referred to in Article 44.

The measures described in paragraphs 1, 2 and 3 may be part of a generic security approach and plan at national level encompassing multiple IT systems. In such cases, the requirements set out in this Article and their applicability to SIS shall be clearly identifiable in and ensured by that plan.

Each Member State shall apply its rules of professional secrecy or other equivalent duties of confidentiality to all persons and bodies required to work with SIS data and supplementary information, in accordance with its national law. That obligation shall also apply after those persons leave office or employment or after the termination of the activities of those bodies.

Where a Member State cooperates with external contractors in any SIS-related tasks, it shall closely monitor the activities of the contractor to ensure compliance with all provisions of this Regulation, in particular on security, confidentiality and data protection.

The operational management of N.SIS or of any technical copies shall not be entrusted to private companies or private organisations.

Member States shall ensure that every access to and all exchanges of personal data within CS-SIS are logged in their N.SIS for the purposes of checking whether the search was lawful, monitoring the lawfulness of data processing, self-monitoring, ensuring the proper functioning of N.SIS, as well as for data integrity and security. This requirement does not apply to the automatic processes referred to in points (a), (b) and (c) of Article 4(6).

The logs shall show, in particular, the history of the alert, the date and time of the data processing activity, the data used to perform a search, a reference to the data processed and the individual and unique user identifiers of both the competent authority and the person processing the data.

By way of derogation from paragraph 2 of this Article, if the search is carried out with dactyloscopic data or a facial image in accordance with Article 43, the logs shall show the type of data used to perform the search instead of the actual data.

The logs shall only be used for the purpose referred to in paragraph 1 and shall be deleted three years after their creation. The logs which include the history of alerts shall be deleted three years after deletion of the alerts.

Logs may be kept for longer than the periods referred to in paragraph 4 if they are required for monitoring procedures that are already underway.

The national competent authorities in charge of checking whether searches are lawful, monitoring the lawfulness of data processing, self-monitoring and ensuring the proper functioning of N.SIS and data integrity and security, shall have access, within the limits of their competence and at their request, to the logs for the purpose of fulfilling their duties.

Where Member States, in accordance with national law, carry out automated scanned searches of the number plates of motor vehicles, using Automatic Number Plate Recognition systems, Member States shall maintain a log of the search in accordance with national law. If necessary, a full search may be carried out in SIS in order to verify whether a hit has been achieved. Paragraphs 1 to 6 shall apply to any full search.

The Commission shall adopt implementing acts to establish the content of the log, referred to in paragraph 7 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Before being authorised to process data stored in SIS and periodically after access to SIS data has been granted, the staff of the authorities having a right to access SIS shall receive appropriate training on data security, on fundamental rights including data -protection, and on the rules and procedures for data processing set out in the SIRENE Manual. The staff shall be informed of any relevant provisions on criminal offences and penalties, including those provided for in Article 73.

Member States shall have a national SIS training programme which shall include training for end-users as well as the staff of the SIRENE Bureaux.

Common training courses shall be organised at Union level at least once a year to enhance cooperation between SIRENE Bureaux.

eu-LISA shall be responsible for the operational management of Central SIS. eu-LISA shall, in cooperation with the Member States, ensure that at all times the best available technology is used for Central SIS, subject to a cost-benefit analysis.

eu-LISA shall also be responsible for the following tasks relating to the Communication Infrastructure:

eu-LISA shall also be responsible for the following tasks relating to the SIRENE Bureaux and communication between the SIRENE Bureaux:

eu-LISA shall develop and maintain a mechanism and procedures for carrying out quality checks on the data in CS-SIS. It shall provide regular reports to the Member States in this regard.

eu-LISA shall also perform tasks related to providing training on the technical use of SIS and on measures for improving the quality of SIS data.

The operational management of Central SIS shall consist of all the tasks necessary to keep Central SIS functioning 24 hours a day, 7 days a week in accordance with this Regulation, in particular the maintenance work and technical developments necessary for the smooth running of the system. Those tasks shall also include the coordination, management and support of testing activities for Central SIS and the N.SIS that ensure that Central SIS and the N.SIS operate in accordance with the requirements for technical and functional compliance set out in Article 9.

The Commission shall adopt implementing acts to set out the technical requirements for the Communication Infrastructure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

eu-LISA shall adopt the necessary measures, including a security plan, a business continuity plan and a disaster recovery plan for Central SIS and the Communication Infrastructure in order to:

eu-LISA shall take measures equivalent to those referred to in paragraph 1 as regards security in respect of the processing and exchange of supplementary information through the Communication Infrastructure.

Without prejudice to Article 17 of the Staff Regulations, eu-LISA shall apply appropriate rules of professional secrecy or other equivalent duties of confidentiality of a comparable standard to those laid down in Article 11 of this Regulation to all its staff required to work with SIS data. That obligation shall also apply after those persons leave office or employment or after the termination of their activities.

eu-LISA shall take measures equivalent to those referred to in paragraph 1 as regards confidentiality in respect of the exchange of supplementary information through the Communication Infrastructure.

Where eu-LISA cooperates with external contractors in any SIS-related tasks, it shall closely monitor the activities of the contractor to ensure compliance with all provisions of this Regulation, in particular on security, confidentiality and data protection.

The operational management of CS-SIS shall not be entrusted to private companies or private organisations.

eu-LISA shall ensure that every access to and all exchanges of personal data within CS-SIS are logged for the purposes stated in Article 12(1).

The logs shall show, in particular, the history of the alert, the date and time of the data processing activity, the data used to perform a search, a reference to the data processed and the individual and unique user identifiers of the competent authority processing the data.

By way of derogation from paragraph 2 of this Article, if the search is carried out with dactyloscopic data or facial images in accordance with Article 43, the logs shall show the type of data used to perform the search instead of the actual data.

The logs shall only be used for the purposes referred to in paragraph 1 and shall be deleted three years after their creation. The logs which include the history of alerts shall be deleted three years after deletion of the alerts.

Logs may be kept longer than the periods referred to in paragraph 4 if they are required for monitoring procedures that are already underway.

For the purposes of self-monitoring and ensuring the proper functioning of CS-SIS, data integrity and security, eu-LISA shall have access to the logs within the limits of its competence.

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.

The categories of data shall be as follows:

Any alert in SIS which includes information on persons shall contain only the following data:

The Commission shall adopt implementing acts to lay down and develop the technical rules necessary for entering, updating, deleting and searching the data referred to in paragraphs 2 and 3 of this Article and the common standards referred to in paragraph 5 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Technical rules shall be similar for searches in CS-SIS, in national or shared copies and in technical copies made under Article 56(2). They shall be based on common standards.

Before entering an alert and when extending the period of validity of an alert, Member States shall determine whether the case is adequate, relevant and important enough to warrant an alert in SIS.

Where a person or an object is sought under an alert related to a terrorist offence, the case shall be considered adequate, relevant and important enough to warrant an alert in SIS. For public or national security reasons, Member States may exceptionally refrain from entering an alert when it is likely to obstruct official or legal inquiries, investigations or procedures.

The minimum set of data necessary in order to enter an alert into SIS shall be the data referred to in points (a), (g), (k) and (n) of Article 20(3), except for in the situations referred to in Article 40. The other data referred to in that paragraph shall also be entered into SIS, if available.

The data referred to in point (e) of Article 20(3) of this Regulation shall only be entered when this is strictly necessary for the identification of the person concerned. When such data are entered, Member States shall ensure that Article 10 of Directive (EU) 2016/680 is complied with.

Before entering an alert, the Member State shall check whether the person or the object concerned is already the subject of an alert in SIS. To check whether the person is already the subject of an alert, a check with dactyloscopic data shall also be carried out if such data are available.

Only one alert per person or per object per Member State shall be entered into SIS. Where necessary, new alerts may be entered on the same person or object by other Member States, in accordance with paragraph 3.

Where a person or an object is already the subject of an alert in SIS, a Member State wishing to enter a new alert shall check that there is no incompatibility between the alerts. If there is no incompatibility, the Member State may enter the new alert. If the alerts are incompatible, the SIRENE Bureaux of the Member States concerned shall consult each other by exchanging supplementary information in order to reach an agreement. Rules on the compatibility of alerts shall be laid down in the SIRENE Manual. Departures from the compatibility rules may be made after consultation between the Member States if essential national interests are at stake.

In the case of hits on multiple alerts on the same person or object, the executing Member State shall observe the priority rules for alerts laid down in the SIRENE Manual.

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.

In order to enable Member States to require that a flag be added to an alert entered in accordance with Article 26, all Member States shall be notified automatically of any new alert of that category through the exchange of supplementary information.

If in particularly urgent and serious cases, an issuing Member State requests the execution of the action, the executing Member State shall examine whether it is able to allow the flag added at its behest to be withdrawn. If the executing Member State is able to do so, it shall take the necessary steps to ensure that the action to be taken can be carried out immediately.

Where Framework Decision 2002/584/JHA applies, a Member State shall request the issuing Member State to add a flag preventing arrest as a follow-up to an alert for arrest for surrender purposes where the competent judicial authority under national law for the execution of a European Arrest Warrant has refused its execution on the basis of a ground for non-execution and where the addition of the flag has been required.

However, at the behest of a competent judicial authority under national law, either on the basis of a general instruction or in a specific case, a Member State may also require the issuing Member State to add a flag to an alert for arrest for surrender purposes if it is obvious that the execution of the European Arrest Warrant will have to be refused.

Alerts on persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant, or alerts on persons wanted for arrest for extradition purposes, shall be entered at the request of the judicial authority of the issuing Member State.

Alerts for arrest for surrender purposes shall also be entered on the basis of arrest warrants issued, in accordance with agreements concluded between the Union and third countries on the basis of the Treaties, for the purpose of surrender of persons on the basis of an arrest warrant, which provide for the transmission of such an arrest warrant through SIS.

Any reference in this Regulation to provisions of Framework Decision 2002/584/JHA shall be construed as including the corresponding provisions of agreements concluded between the Union and third countries on the basis of the Treaties, for the purpose of surrender of persons on the basis of an arrest warrant which provide for the transmission of such an arrest warrant through SIS.

In the case of an ongoing operation, the issuing Member State may temporarily make an existing alert for arrest entered in accordance with this Article unavailable for searching by the end-users in the Member States involved in the operation. In such cases the alert shall only be accessible to the SIRENE Bureaux. Member States shall only make an alert unavailable if:

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

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 5 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Where a person is wanted for arrest for surrender purposes on the basis of a European Arrest Warrant, the issuing Member State shall enter into SIS a copy of the original of the European Arrest Warrant.

The issuing Member State may enter a copy of a translation of the European Arrest Warrant in one or more other official languages of the institutions of the Union.

The issuing Member State of an alert for extradition purposes shall communicate the following data to all other Member States through the exchange of supplementary information:

The data listed in paragraph 1 of this Article shall not be communicated where the data referred to in Article 27 or 28 have already been provided and are considered sufficient for the execution of the alert by the executing Member State.

An alert entered in SIS in accordance with Article 26 and the additional data referred to in Article 27 shall together constitute and have the same effect as a European Arrest Warrant issued in accordance with Framework Decision 2002/584/JHA where that Framework Decision applies.

Where Framework Decision 2002/584/JHA does not apply, an alert entered in SIS in accordance with Articles 26 and 29 shall have the same legal force as a request for provisional arrest under Article 16 of the European Convention on Extradition of 13 December 1957 or Article 15 of the Benelux Treaty concerning Extradition and Mutual Assistance in Criminal Matters of 27 June 1962.

Alerts on the following categories of persons shall be entered in SIS at the request of the competent authority of the issuing Member State:

Point (a) of paragraph 1 shall apply in particular to children and to persons who have to be institutionalised following a decision by a competent authority.

An alert on a child referred to in point (c) of paragraph 1 shall be entered following a decision by the competent authorities, including judicial authorities of the Member States having jurisdiction in matters of parental responsibility, where a concrete and apparent risk exists that the child may be unlawfully and imminently removed from the Member State where the competent authorities are situated.

An alert on persons referred to in points (d) and (e) of paragraph 1 shall be entered following a decision by the competent authorities, including judicial authorities.

The issuing Member State shall regularly review the need to maintain the alerts referred to in points (c), (d) and (e) of paragraph 1 of this Article in accordance with Article 53(4).

The issuing Member State shall ensure all of the following:

Four months before a child who is the subject of an alert under this Article reaches the age of majority in accordance with the national law of the issuing Member State, CS-SIS shall automatically notify the issuing Member State that either the reason for the alert and the action to be taken have to be updated or the alert has to be deleted.

Where there is a clear indication that the objects referred to in points (a), (b), (c), (e), (g), (h), and (k) of Article 38(2) are connected with a person who is the subject of an 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 alert on the person and the alert on the object shall be linked in accordance with Article 63.

The Commission shall adopt implementing acts to lay down and develop rules on the categorisation of the types of cases and the entering of data referred to in paragraph 6. The types of cases of missing persons who are children shall include, but not be limited to, runaways, unaccompanied children in the context of migration and children at risk of parental abduction.

Where a person referred to in Article 32 is located, the competent authorities of the executing Member State shall, subject to the requirements in paragraph 4, communicate his or her whereabouts to the issuing Member State.

In the case of persons who need to be placed under protection referred to in points (a), (c), (d) and (e) of Article 32(1), the executing Member State shall immediately consult its own competent authorities and those of the issuing Member State through the exchange of supplementary information in order to agree without delay the measures to be taken. The competent authorities in the executing Member State may, in accordance with national law, move such persons to a safe place in order to prevent them from continuing their journey.

In the case of children, any decision on the measures to be taken or any decision to move the child to a safe place as referred to in paragraph 2 shall be made in accordance with the best interests of the child. Such decisions shall be made immediately and not later than 12 hours after the child was located, in consultation with relevant child protection authorities, as appropriate.

The communication, other than between the competent authorities, of data on a missing person who has been located and who is of age shall be subject to that person's consent. The competent authorities may, however, communicate the fact that the alert has been deleted because the missing person has been located to the person who reported the person missing.

For the purposes of communicating the place of residence or domicile of persons, Member States shall, at the request of a competent authority, enter into SIS alerts on:

Where there is a clear indication that the objects referred to in points (a), (b), (c), (e), (g), (h), and (k) of Article 38(2) are connected with a person who is the subject of an 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 alerts on the person and the alert on the object shall be linked in accordance with Article 63.

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

Alerts on persons, on the objects referred to in points (a), (b), (c), (e), (g), (h), (j), (k) and (l) of Article 38(2) and on non-cash means of payment shall be entered in accordance with the national law of the issuing Member State, for the purposes of discreet checks, inquiry checks or specific checks in accordance with Article 37(3), (4) and (5).

When entering alerts for discreet checks, inquiry checks or specific checks and where the information sought by the issuing Member State is additional to that provided for in points (a) to (h) of Article 37(1), the issuing Member State shall add to the alert all the information that is sought. If that information relates to special categories of personal data referred to in Article 10 of Directive (EU) 2016/680, it shall only be sought if it is strictly necessary for the specific purpose of the alert and in relation to the criminal offence for which the alert has been entered.

Alerts on persons for discreet checks, inquiry checks or specific checks may be entered for the purposes of preventing, detecting, investigating or prosecuting criminal offences, executing a criminal sentence and preventing threats to public security in one or more of the following circumstances:

In addition, alerts on persons for discreet checks, inquiry checks or specific checks may be entered in accordance with national law at the request of the authorities responsible for national security where there is a concrete indication that the information referred to in Article 37(1) is necessary in order to prevent a serious threat posed by the person concerned or other serious threats to internal or external national security. The Member State which entered the alert in accordance with this paragraph shall inform the other Member States of such an alert. Each Member State shall determine to which authorities this information shall be transmitted. The information shall be transmitted through the SIRENE Bureaux.

Where there is a clear indication that the objects referred to in points (a), (b), (c), (e), (g), (h), (j), (k) and (l) of Article 38(2) or non-cash means of payment are connected with the serious crimes referred to in paragraph 3 of this Article or the serious threats referred to in paragraph 4 of this Article, alerts on those objects may be entered and linked to the alerts entered in accordance with paragraphs 3 and 4 of this Article.

The Commission shall adopt implementing acts to lay down and develop the technical rules necessary for entering, updating, deleting and searching the data referred to in paragraph 5 of this Article as well as the additional information referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

For the purposes of discreet checks, inquiry checks or specific checks, the executing Member State shall collect and communicate to the issuing Member State all or some of the following information:

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

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

An inquiry check shall comprise an interview of the person, including on the basis of information or specific questions added to the alert by the issuing Member State in accordance with Article 36(2). The interview shall be carried out in accordance with the national law of the executing Member State

During specific checks, persons, vehicles, boats, aircraft, containers and carried objects may be searched for the purposes referred to in Article 36. Searches shall be carried out in accordance with the national law of the executing Member State.

Where specific checks are not authorised by the national law of the executing Member State, they shall be replaced by inquiry checks in that Member State. Where inquiry checks are not authorised by the national law of the executing Member State, they shall be replaced by discreet checks in that Member State. Where Directive 2013/48/EU applies, Member States shall ensure that the right of suspects and accused persons to have access to a lawyer is respected under the conditions set out in that Directive.

Paragraph 6 is without prejudice to the obligation of Member States to make available to end-users information sought under Article 36(2).

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.

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.

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:

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:

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.

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.

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.

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.

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.

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.

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.

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.

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

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.