Regulation 2018/1860 finally implemented
Returning to the topic of the planned amendment to the Act on Foreigners – form No. 2865, we proceed to discuss the main content of the objective and the need for full implementation of the Regulation of the European Parliament and of the Council (OJ EU L 312, 7.12.2018, p. 1, as amended) and its proper introduction into Polish legal norms.
SIS
The constantly evolving Schengen Information System (SIS) is a pan-European and fundamental tool for applying the provisions of the Schengen acquis, which has been integrated into the European Union framework. SIS is a fundamental element maintaining the security of the EU and its citizens in the area of freedom, security, and justice. This tool serves to tighten controls on the work and residence of third-country nationals within the EU and ensures ongoing cooperation between border guards, police, customs authorities, other immigration authorities, and authorities responsible for the prevention, detection, investigation, and detection of crime.
SIS records indicate both the obligation to return third-country nationals and the exchange of supplementary information. SIS facilitates the identification of third-country nationals subject to return decisions who have absconded and been apprehended in another Member State, as well as the exchange of information about them between Member States. Consequently, SIS helps prevent irregular migration within the EU, regardless of the actual border crossing and the third-country national's location.
Regulation No 2018/1861 was adopted as a result of the evaluation of the second generation Schengen Information System (SIS II) established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ EU L 381, 28.12.2006, p. 4, as amended) and Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ EU L 205, 07.8.2007, p. 63, as amended), carried out after SIS II became operational.
Regulation No. 2018/1861 established the conditions and procedures for entering and processing alerts in the Schengen Information System on third-country nationals and for exchanging supplementary information and additional data for the purpose of refusing entry and stay on the territory of the Member States. This Regulation, like Article 103 of the Treaty on the Functioning of the European Union which it repeals, provides for: 25 of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.09.2000, p. 19, as amended – OJ Polish special edition, chapter 19, vol. 2, p. 9, as amended), hereinafter referred to as the "Schengen Implementing Convention", mandatory rules for consulting and informing national authorities in cases where a third-country national holds a valid residence permit or a valid long-stay visa granted in one Member State or may obtain it there, and another Member State intends to enter or has already entered an alert in the Schengen Information System concerning the refusal of entry and stay in respect of that third-country national. In such situations, border guards, police, and immigration authorities may have serious doubts, hence the need for mutual consultation and the exchange of supplementary information and additional data related to such alerts. Regulation No. 2018/1861 introduces detailed regulations in this regard and mandatory timeframes for information exchange, ultimately ensuring that third-country nationals entitled to legally reside in the territory of Member States are authorized to enter that territory and can do so without detailed, visible verification at the border itself. This minimizes the duration of border formalities and deprives the general public of freedom and ease of movement within the EU.
Ultimately, the legality of the stay of third-country nationals in the EU is to be monitored constantly, frequently, but in a manner invisible to these persons; this is what SIS ensures.
We will provide details of the proposed changes (regarding SIS) in subsequent materials.
source: https://www.sejm.gov.pl/sejm9.nsf/druk.xsp?nr=2865
