SIS — Schengen Information System (formerly SIS II)

Basics

The Schengen Information System (SIS) — known as “SIS II” until March 2023 — is the central European wanted-persons database of the Schengen states. In the field of police and judicial cooperation, its legal basis since 7 March 2023 is Regulation (EU) 2018/1862, which replaced the former SIS II Decision 2007/533/JHA. In extradition law, the most relevant alerts are those under Article 26 of Regulation (EU) 2018/1862: they cover both arrest for the purpose of surrender on the basis of a European Arrest Warrant and arrest for the purpose of extradition to third countries. Other Member States can add a flag to such alerts under Articles 24 and 25 of the Regulation if execution would have to be refused in their territory.

Effect of a SIS alert

A SIS alert for arrest obliges all Schengen member states to arrest the person concerned when located and to notify the issuing state. It triggers the provisional extradition detention procedure. The alert is not itself an extradition request, but in certain cases it replaces one (EAW: Section 83a(2) IRG).

SIS vs. Interpol Red Notice

SIS alerts take effect only within the Schengen area; Red Notices worldwide. Within the Schengen area, the SIS alert takes precedence. The two systems can be used in parallel.

Deletion and legal remedies

Alerts can be challenged with the issuing state and with the national SIRENE bureau. In Germany, the Federal Commissioner for Data Protection is responsible. Anyone subject to an incorrect alert has a right to deletion.

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