Definitions
Article 1 for the purposes of this regulation,
-SIS: Schengen information system as set out in section 1 of
(2000:344) on the Schengen information system,
-Schengen States: the States which are party or connected
to the Convention implementing the Schengen agreement of
14 June 1985, which have signed an agreement on cooperation under the
Convention with these States or of the European Union
Council, or by decision of the Council of the European Union entirely
or partially applies the provisions of the Convention.
Petitions in the Schengen information system
section 2 of a request pursuant to paragraph 3 of the 1 Act (2000:344)
on the Schengen information system on the disposal of a
person who wanted to surrender or extradition
may be registered in the SIS at the request of a prosecutor or a
ordinary courts of law. A request pursuant to paragraph 3 of the same law on 1
the disposal of a person wanted for extradition
may be registered in the SIS, also at the request of the prison system,
The National Board of health or the State Department's Board of Directors.
Regulation (2014:1161).
section 3 of the European Parliament and Council Regulation (EC) no
1987/2006 of 20 december 2006 on the establishment, operation and
the use of the second generation Schengen
information system (SIS II), hereinafter referred to as the SIS
II regulation, provides for registration in the SIS of the
a request for a person to be denied access to the
or residence in Schengen States.
Regulation (2013:131).
4 repealed by Regulation (2014:1161).
5 § a petition pursuant to paragraph 3 of the 3 Act (2000:344) if
The Schengen information system for temporary custody
of a person with respect to his or her or any
else's security may be registered in the SIS, if there is
1. a decision on the disposal under the Act (1990:52) with
specific provisions for the care of the young, Act (1988:870) about
the care of drug users in some cases or Act (1991:1128) on
psychiatric compulsory care, or
2. a decision on the disposal in accordance with Chapter 21. section 10 of the
the parental or 19 or section 20 of the Act (1989:14) if
recognition and enforcement of foreign custodial decisions
accommodation and transfer of children. Regulation (2014:1161).
section 6 of a request in accordance with paragraph 3 of the 4 teams (2000:344) if
The Schengen information system for the provision of a statement of
whereabouts of a person may be registered in SIS on request
by a prosecutor or a court. A request for
providing an indication of the whereabouts of a person to be
appear for the enforcement of a custodial
penalty may be registered in the SIS at the request of the Swedish prison and probation service
or institution of the State Board. Regulation (2014:1161).
section 7 a request pursuant to paragraph 3 of the 5 Act (2000:344) if
Schengen information system if hidden surveillance or
specific control measures may be registered in SIS on request
by the security police or the Customs and Excise Department.
Regulation (2014:1161).
section 8 a request pursuant to paragraph 3 of the 6 teams (2000:344) if
Schengen information system on the disposal or other
action regarding vehicles or items wanted
to be seized or to be used as evidence
at a trial in criminal proceedings shall be entered in the SIS on request
by a prosecutor or the security police.
Regulation (2014:1161).
The right to obtain information from the register
section 9, for the examination of applications for visa and
residence permits to the Cabinet Office, Immigration Office,
immigration courts, Migrationsöverdomstolen and Swedish
diplomatic offices have access to the information referred to in paragraph 3 of the
second subparagraph, Act (2000:344) on the Schengen
information systems.
In European Parliament and Council Regulation (EC) no 1986/2006
of 20 december 2006 regarding access to the second generation
Schengen information system (SIS II) for the devices in
Member States responsible for issuing
registration documents for vehicles provides for access
to information for such units. Regulation (2013:131).
section 10 of the security police, the customs service and the coast guard may have
direct access to the registry.
The Swedish Migration Board and the Swedish diplomatic offices may have
direct access to the information referred to in paragraph 3 of the second paragraph
Act (2000:344) on the Schengen information system. By SIS
II regulation follows that the immigration service may have
direct access to other parts of the registry when the work
assists the police in border operations.
European Parliament and Council Regulation (EC) no 1986/2006
of 20 december 2006 regarding access to the second generation
Schengen information system (SIS II) for the devices in
Member States responsible for issuing
inland waterways follows to the Swedish Transport Agency
should have direct access to certain data in the SIS.
Regulation (2014:1161).
Special report on obstacles to enforcement
section 11 If there are obstacles to enforcement in Sweden of a
such a petition from another State referred to in paragraph 3 of the 1, 2
or 5 Act (2000:344) on the Schengen information system, the
The police inform the other State if the obstacle and
request that the obstacle will be shown by a special
check if this is registered by the other State.
In the case of such a request for surrender which
referred to in section 3, paragraph 1 the same law permits police authorities may request that a
specific information is registered by the State only if
a Prosecutor has decided that such a request is to be made or
If a court has decided to surrender not to happen. A
prosecutors may decide that the police authorities of the other
the State should request that a particular piece of information is recorded on the
It can be assumed that there are no conditions for
surrender.
If a State which has set up a special information
referred to in the first subparagraph so requests, to the police
consider whether the information needs to remain.
Regulation (2014:1161).
section 12 at the request of a State, who believe that there are obstacles
against the execution in the State of a request that has
registered by the police in accordance with section 3 of 1, 2 or 5
Act (2000:344) on the Schengen information system, the
The police provide the registration with a special
disclosure of the obstacle. Regulation (2014:1161).
Information obligation
Information about registrations
13 § When the police sign a petition under
3 § 1 Act (2000:344) on the Schengen information system on
the disposal of a person wanted for
surrender, the authority shall immediately inform the other
Schengen States.
When the police sign such a petition
referred to in the first paragraph, the authority with other
Schengen States the information referred to in Chapter 1. section 4 of the law
(2003:1156) on surrender from Sweden according to the European
a warrant for his arrest.
Information under this section shall be made as
additional information in accordance with section 12 of the law of the Schengen
information systems. Regulation (2014:1161).
14 § When the police enter a petition under
3 § 1 Act (2000:344) on the Schengen information system on
the disposal of a person wanted for
disclosure, the authority shall submit all the following Schengen States
information:
1. the authority has requested the arrest,
2. If there is an arrest warrant or any other
Act with the same legal effect, or an enforceable judgment;
3. the nature and legal classification of the offence;
4. a description of the circumstances in connection with the crime,
including the time and place, and the degree to which the
other individual has been involved,
5. penalty scale for the deed, and
6. other information which may facilitate action to be
taken.
Information under this section need not be given if
information under section 13 has been submitted and this is considered to be
enough that the requested action will be taken.
Information under this section shall be made as
additional information in accordance with section 12 of the law of the Schengen
information systems. Regulation (2014:1161).
section 15 When Police sign a petition under
3 § 5 Act (2000:344) on the Schengen information system on
hidden surveillance aimed at warding off serious threats
against the State's internal or external security, the authority shall
inform the other Schengen States.
Information under this section shall be made as
additional information in accordance with section 12 of the law of the Schengen
information systems. Regulation (2014:1161).
Information to avoid personal confusion
16 § If another State have already registered data in the SIS
If a person who the police intend to register
information relating to, the authority shall consult with the other State
before the registration is made.
If the police authority intends to record data on a
person and it is unclear whether data already exists in
the registry refers to the same person, to the police contact
the authority has requested that the complaint be
be registered in order to clarify the situation. If it is clear
that these are different people, the police authority
register additional information needed to
avoid personal confusion. Regulation (2014:1161).
Erratic reading
section 17 If another State has set up a task that under
Police assessment is incorrect or does not receive
recorded, the authority shall on the basis of supplementary information under
section 12 of the Act (2000:344) on the Schengen information system
notify the other State thereof as soon as possible,
but not later than ten days after it learned
If that relationship. If the police authorities and the competent
authority of the other State two months after
the notification does not agree that registration should have
has been made, the police will submit the matter to the
European data protection supervisor. Regulation (2014:1161).
Information on enforcement
section 18 When an action is taken in response to a petition
which has been registered by another State, the police authority
inform the other State if the measure. If the requested
the action cannot be taken to be the second State shall immediately
be informed of it.
Information under this section shall be made as
additional information in accordance with section 12 of the Act (2000:344) on the Schengen
information systems. Regulation (2014:1161).
section 19 If a person when an action is taken on the occasion of a
the production which has been registered by another State claims to
be anyone other than that referred to in the request, shall
The police Exchange supplementary information in accordance with section 12 of the Act
(2000:344) on the Schengen information system with the other
State to investigate the case of different people. If so
is the case, the Police inform the person concerned of
the possibility of including in the other State have such tasks as
referred to in paragraph 3 (a) the law of the Schengen information system
recorded in the register. Regulation (2014:1161).
Obligation to provide data
section 20 of an agency that has access to the register on the basis of
9 or section 10 shall submit the police the information
the authority needs to be able to meet its obligations
According to paragraph 16, 18 and 19 sections.
Regulation (2014:1161).
Correction and information to individual
section 21 of the 25-27 of the personal data Act (1998:204), see
provisions on information to the registered.
Information pursuant to section 26 of the personal data Act shall be submitted within
one month or, if there are special reasons, no later than two
months of the date on which the application was made. Regulation (2013:131).
section 22 of A person who has applied for the rectification or other action
According to section 15 the Act (2000:344) on the Schengen information system
no later than three months after the application was made
be informed of the measures taken.
Regulation (2013:131).
Logging data
section 23 to permit control of the operation of
information contained in the register to the police authorities to ensure
to information on treatment (data logging)
recorded. The logging data to show when a
the transfer has taken place, the data has been used in
the search and who was responsible for the transfer.
Such logging information referred to in the first paragraph, the
screen at the earliest one year, and at the latest three years after the
was registered. Logging data relating to an entry in the SIS
who have culled for screening at the earliest one year, and at the latest three
years after the listing in the SIS slimmed.
The gallringsfrister referred to in the second subparagraph shall not apply to
If the logging information necessary for such verification as
referred to in the first paragraph and check before
expiry. Regulation (2014:1161).
Statistics
section 24 of the police authority shall keep statistics on such decisions
taken pursuant to paragraph 11 Act (2000:344) if
The Schengen information system. Regulation (2014:1161).
Authorization
paragraph 25 of the police authority may, after consultation with the Swedish Data Inspection Board
announce the additional measures needed for
enforcement of the Act (2000:344) on the Schengen
information systems and this regulation.
Regulation (2014:1161).
Transitional provisions
2013:131
1. This Regulation shall enter into force on 9 april 2013.
2. Older provisions still apply for information
already exist in the registry, at the latest three years after the
its entry into force. If a task is changed or new information
is entered in the register after the entry into force, however, the new
the provisions applicable on the petition
the data belongs to. The new rules should also
applied if it gets hit in the registry on a petition
that was in the register upon entry into force of this regulation.
