The reform of the Schengen Information System an

The reform of the Schengen Information System - an opportunity for 116 000 hotlines Fausto Matos Policy Advisor to MEP Coelho Federica Toscano Head of Programme Missing Children Europe

Schengen Information System - SIS a highly efficient large-scale information system that supports external border control and law enforcement cooperation in the Schengen States.

Schengen Information System - SIS Database highly secure and protected Exclusively accessible to the authorised users within competent authorities

Schengen Information System - SIS National SIRENE Bureaux single points of contact for any supplementary information exchange and coordination of activities related to SIS alerts.

Schengen Information System - SIS Art. 32 Alerts on missing people Officers can • Place an alert on a person missing from their country OR • Encounter an alert when a person missing from another SIS II country is located in their country

Schengen Information System - SIS Art. 32 Alerts on missing people Very important for cross-border cooperation and protection of missing children • Quickly available to police officers and border guards • contain information to identify the missing child and instructions on what to do when the child has been found

Schengen Information System - SIS CURRENT ARTICLE 32 - Objectives and conditions for issuing alerts 1. 2. Data on missing persons who need to be placed under protection and/or whose whereabouts need to be ascertained shall be entered in SIS II at the request of the competent authority of the Member State issuing the alert. The following categories of missing persons may be entered: (a) missing persons who need to be placed under protection (i) for their own protection; (ii) in order to prevent threats; (b) missing persons who do not need to be placed under protection.

Schengen Information System - SIS New Commission Proposal – Main issues 1 Categories of missing persons (a) missing persons who need to be placed under protection (i) for their own protection; (ii) in order to prevent threats; (b) missing persons who do not need to be placed under protection; (c) children at risk of abduction

Schengen Information System - SIS New Commission Proposal – Main issues 2 An alert on a child shall be entered at the request of the competent judicial authority of the Member State that has 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 that competent judicial authority is situated

Schengen Information System - SIS New Commission Proposal – Main issues 3 Additional categories defining type of missing or vulnerable person to be laid down and developed by means of implementing measures

Schengen Information System - SIS New Commission Proposal – Main issues 4 Missing migrant children • The competent authorities may move the child to a safe place in order to prevent him or her from continuing his journey, if so authorised by national law • Migration authorities have access to the database, including article 32 alerts

Schengen Information System - SIS • Preventive alerts in cases of parental abductions • Categorisation of children when entering an alert

Schengen Information System - SIS • However the review of SIS may be very problematic Ø SIS dual purpose of managing return may discourage reporting Ø Alerts and data on missing children should NOT be available to immigration services Ø SIS useful to ensure protection across border only if data on children is used exclusively for protection

Schengen Information System - SIS Parliament compromise– Main issues 1 categories of missing persons shall be entered: (a) missing persons who need to be placed under protection (i) for their own protection; (ii) in order to prevent a threat to public security; (…) (c) children at risk of abduction, including by a family member, or of being removed from the Member State for the purpose of torture, or sexual or gender-based violence, or of being victims of activities linked to terrorism

Schengen Information System - SIS Parliament compromise– Main issues 2 The competent child protection authorities, including the national hotline and the child’s parents, caretakers and/or guardians, as appropriate, taking into account the child’s best interests, shall be informed of an alert on a missing child or child at risk

Schengen Information System - SIS Parliament compromise– Main issues 3 Member States shall also ensure that the data entered in SIS indicate which type of child at risk is involved. Under those rules, the types of missing persons who are children shall include: (a) runaways; (b) unaccompanied children in the context of migration; (c) children abducted by a family member.

Schengen Information System - SIS Parliament compromise– Main issues 4 Member States shall enter in SIS the data of children who have gone missing from reception facilities as missing persons. The competent authorities may, where appropriate move the person (child) to a safe place in order to prevent him or her from continuing his journey, if so authorised by national law with consideration to the vulnerability of the child and his or her best interests.

Schengen Information System - SIS Parliament compromise– Main issues 5 Migration authorities have access to the database, including article 32 alerts

Schengen Information System - SIS What’s next?

Thank you! > federica. toscano@missingchildreneurope. eu > +32 2 894 74 84 > www. missingchildreneurope. eu > FB: missingchildreneurope > Twitter: Missing. Child. EU