In addition to SIS II, the National List of Undesirable Aliens is kept (hereinafter List of Undesirable Aliens). This list is based on the legislation for the entry and residence of aliens in Greece (article 82 of law 3386/2005). The criteria and the procedure of registration and deletion of aliens from this list are determined by the decision n. 4000/4/32-λα’/5.10.2012 (Government Gazette B’ 2805/17.10.2012) of the Ministers of Foreign Affairs, National Defense, Interior, Justice, Transparency and Human Rights and Public Order and Citizen Protection as amended by the Ministerial Decision n. 400/2017-ΥΑ 4000/4/32-ν (Government Gazette Β’ 1140 / 31.03.2017).
The Hellenic DPA is also responsible for checking the legality of the registrations in the List of Undesirable Aliens.
Every year, a fair amount of applications of aliens, who request their deletion from the Schengen Information System and from the List of Undesirable Aliens is submitted to the Authority (83 in 2010, 81 in 2011, 48 in 2012, 20 in 2013 and 24 in 2014, 25 in 2015, 23 in 2016, 19 in 2017, 25 in 2018 and 17 in 2019). The subject of all applications is the deletion of registrations under Article 24 of Regulation 1987/2006 (SIS II).
Therefore, the Authority has issued relevant Opinions in order to examine the Schengen appeals in a unified perspective. In 2012, the latest Opinion n. 3/2012 was issued, which replaced the Opinion n. 3/2010. The Opinion 3/2012, interpreting the relevant provisions, came to the following conclusions:
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the entry of a third-country alien in the List of Undesirable Aliens does not automatically imply the registration in the SIS,
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An entry in the SIS is made when the conditions of article 96 of the Schengen Agreement (now Article 24 of Regulation 1987/2006 (SIS II)) are met,
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judicial or administrative expulsion, according to the national legislation for the entry and residence of third-country nationals in the Greek territory, justifies the registration of an alien in both lists (List of Undesirable Aliens and SIS),
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the conviction of an alien by a national court for an offense for which a sentence of at least one (1) year is imposed, constitutes a reason for registration in the SIS, if the act is assessed as a threat to public order and security,
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indications of the commission or preparatory actions of a serious criminal offense justify the registration in the SIS if the offense is deemed to constitute a threat to public policy and security;
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Serious criminal offenses are those for which a sentence of imprisonment of at least one (1) year is imposed and those which are explicitly cited in the provision of article 76 par. 1. a. of law 3386/2005, i.e. crimes against the regime, high treason,, crimes related to drug trafficking, money laundering of illegal activities, international financial crimes, crimes using high means technology, crimes related to the currency, crimes of resistance, kidnapping of a minor, against sexual freedom and economic exploitation of sexual life, theft, fraud, embezzlement, extortion, usury, law of intermediaries, forgery, fake certificate, defamation, crimes involving weapons, antiquities, the smuggling of illegal immigrants in the country or the facilitation of their transfer or smuggling or the provision of accommodation to them for concealment,
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the administrative expulsion for the reasons foreseen in article 76 par. 1. a. of law 3386/2005, as well as for the reason that the presence of an alien is justifiably considered dangerous for the public order or the security of the country, warrants the registration of the alien in the List of Undesirable Alien,
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An alien is deleted from the SIS, if a reasoned decision on the necessity of maintaining the registration hasn’t been issued three years after the registration took place.
