Legal grounds of Schengen
On June 14, 1985, in Schengen (Luxembourg) an agreement on the gradual abolition of border controls between the countries - Belgium, the Netherlands, Luxembourg, Germany and France - has been signed. This agreement became the basis for the Convention concluded on 19 June 1990, pursuant to which the Schengen Information System (SIS) was created.
The current legal basis for the operation of the Second Generation Information System (SIS II) are:
- 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)
- Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II)
The aim of the SIS is to help the police and customs authorities exchange information on specific categories of persons and objects sought and entered into the system by the Schengen states. The above-mentioned legal acts contain detailed regulations regarding the principles of collecting, storing and sharing personal data. They also determine the extent to which data can be processed to achieve the objectives set out in the Regulation and the SIS II Decision.
By virtue of the Act of 24 August 2007 on the participation of the Republic of Poland in the Schengen Information System and the Visa Information System (Journal of Laws No. 165, item 1170 with later amendments), provisions of the Schengen acquis and Community law on SIS have been implemented in Poland. This Act regulates in detail the rules and manner of implementing Poland's participation in SIS II, including the duties and powers of Polish authorities to make entries and access to data contained in the Schengen Information System and the Visa Information System.