Europol support for Ukraine and entries in the Schengen Information System

Europol is committed to ensuring the accuracy of information about our mission and activities. As an EU public agency, we operate within a clearly defined framework and are subject to strict oversight. We are committed to maintaining transparency, allowing scrutiny of our work and being accountable.

We therefore consider it our duty to support the media, as we respect and firmly believe in its role in raising awareness of issues that are essential for the public to know about. We strive to facilitate its work by providing transparent, accurate, verified and timely information.

The following clarification provides information to help accurately understand a recent press article on Europol’s support for Ukraine.

Case in question:

A recent press article entitledSeparated by war and Schengendescribed how data and alerts from the EU’s Schengen Information System (SIS), originally designed to keep Europe safe from security threats, are now trapping Ukrainian refugees, including those who were victims of the Russian occupation.

The article further claimed that Ukrainian authorities shared with Europol the names of at least 3,738 former prisoners who had been held in penal institutions in Russian-occupied Ukrainian territories.

Furthermore, the article stated: “While Ukrainian authorities claim they did not make requests to flag individuals in the EU’s Schengen Information System, former detainees, human rights groups and lawyers say the information sharing coincided with a surge in entry bans, separating families and leaving former prisoners trapped by opaque security decisions they cannot meaningfully challenge.”

Europol fact-checking:

In fulfilling our mission to support the criminal investigations of EU Member States, Europol enables the exchange of information between national law enforcement authorities and supports their investigations into serious and organised crime and terrorism.

In this context, national law enforcement authorities can use the Europol Secure Information System (SIENA) to share personal data on suspects with Europol and/or other national law enforcement authorities. Currently, more than 3,500 competent authorities from EU Member States and non-EU partners are connected via SIENA.

Europol only processes information shared through SIENA that relates to criminal activities within its remit. If the crimes do not fall within its remit, such information shared with the agency is not processed. National authorities decide independently whether to use criminal intelligence shared by a partner country and how to do so. On 31 March 2023, the Ukrainian authorities sent Europol a list of 3,738 former prisoners. In accordance with Article 18(6) of the Europol Regulation, Europol temporarily assessed the list, but on 29 September 2023 it deleted it as it was irrelevant to the ongoing operational cases that Europol was supporting.

With regard to the aforementioned press article, it is important to clarify that Ukrainian citizens were not prevented from entering the EU because their names were entered in the Schengen Information System (SIS).

Non-EU Member States may request Europol to facilitate the entry of names into the SIS (so-called ‘information alerts’) at national level by the relevant EU Member States. This possibility has not been used to date, as the corresponding technical implementation in the SIS is still ongoing.

However, as indicated above, EU Member States and non-EU partners, such as Ukraine, can exchange operational information through SIENA, without involving Europol.

Europol may participate in this exchange or be excluded from bilateral and multilateral communications through SIENA between national authorities, depending on the decision of the countries.

More information on Europol’s support to Ukraine:

Since the start of Russia’s war of aggression against Ukraine in February 2022, Europol, in solidarity with the European Union and its Member States, has strongly supported the Ukrainian authorities during this unprecedented crisis. The invasion has caused a serious humanitarian crisis, with large numbers of people fleeing Ukraine to the EU. This situation has also provided opportunities for criminal networks to exploit vulnerable people and expand their illicit activities.

To better support Ukraine and EU Member States, Europol has focused on the following priorities since the start of the war:

• Strengthening communication and criminal intelligence gathering;
• Providing priority support to war crimes investigations;
• Closely monitoring cases of human trafficking involving Ukrainian citizens as potential victims of exploitation;
• Combating organised crime, as well as suspected cases of terrorism.

More information: EUROPOL.