The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019

Saving provisions – supplementary information and national files

121.—(1) This regulation applies in relation to data relating to—

(a) an alert which the United Kingdom issued before commencement day, or

(b) an alert in connection with which action was taken on the territory of the United Kingdom before commencement day.

(2) Subject to the modifications in paragraph (3), the following provisions of Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) continue to have effect in relation to the data referred to in paragraph (1)—

(a) Article 8(2) (exchange of supplementary information);

(b) Article 53(3) (purpose and retention period of supplementary information);

(c) Article 54 (transfer of personal data to third parties).

(3) The modifications are that—

(a) Article 53(3) is to be read as if—

(i) for the words “Paragraph 2 shall not prejudice the right of a Member State” there were substituted “The United Kingdom may”;

(ii) for the words “that Member State” there were substituted “the United Kingdom”;

(b) Article 54 is to be read as if for the words “this Decision” there were substituted “Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) as it applied in the European Union before commencement day”.