An alert in the Schengen Information System (SIS) can result in the seizure of a motor vehicle, a refusal of entry or even an arrest. Under certain circumstances, the alert may be unlawful. In this case, an application for deletion of the entry in the SIS in Germany can provide relief. It is often advisable to seek the reliable advice and support of an experienced lawyer to obtain a deletion as quickly as possible. In the following, we would like to provide you with an overview of the SIS, the provision of information, and the deletion of alerts.
At Schlun & Elseven Rechtsanwälte, our extradition lawyers will provide you with expert assistance. Get in-depth advice and full-service support from experienced lawyers in Germany. Please, do not hesitate to contact us to get specialised assistance in challenging cases.
What is the Schengen Information System (SIS)?
The SIS is a Europe-wide database for alerting wanted or missing persons or objects. It is used, for example, to deny entry or residence in the Schengen area, search for persons based on criminal offences, search for missing persons, or seize objects from criminal proceedings. The SIS is thus an essential instrument for police cooperation in Europe.
The second-generation Schengen Information System (SIS II) has been in operation since 2013. Thirty states are involved in this search database, including the member states of the EU (except Cyprus) and the associated Schengen states Iceland, Liechtenstein, Norway, and Switzerland. After Brexit, Great Britain is no longer an EU member state or Schengen state and thus no longer has access to SIS II.
Authorities entitled to access are national law enforcement, judicial, and certain administrative authorities. In addition, EUROPOL and EUROJUST also have limited access to the SIS. However, access is only possible to data required to fulfil the respective authority´s tasks.
Each Member State has a national central office called SIRENE, responsible for the national and international exchange of information on wanted persons entered in the SIS. The SIRENE office is in Wiesbaden’s Federal Criminal Police Office (BKA) in Germany.
Who or What is the Subject of an Alert in the Schengen Information System (SIS)?
An alert is the entry of a person or object in the SIS database to initiate an international search. The requesting state makes the entry. This enables the countries with access to the SIS to take measures about the person or object concerned. Accordingly, information on identifying a person or object is included and information on the steps to be taken.
Alerts are issued for arrest in the case of an arrest warrant, refusal of entry or residence of third-country nationals in the Schengen area, or to trace the whereabouts of, e.g., missing persons, witnesses, or victims. In addition, stolen or lost property is reported for seizure or confiscation.
For the search for persons, the first name and surname, if applicable aliases and gender are always entered, as well as information on the decisions on which the alert is based and the measures to be taken. If available, fingerprints and photographs may