Dz.U.[Journal of Laws] 07.165.1170
2008-11-15
as amended
Dz.U.2008.195.1198
2009-01-01
as amended
Dz.U.2008.216.1367
2010-04-01
as amended
Dz.U.2010.41.233
2010-05-22
as amended
Dz.U.2010.81.531
2010-12-28
as amended
Dz.U.2010.239.1593
Article 4
Article 16
Article 1
Article 8
Article 5
ACT
of 24 August 2007
on the participation of the Republic of Poland in the Schengen Information System and the Visa
(1)
Information System
(Dz. U. of 14 September 2007)
Chapter 1
General provisions
(2)
Article 1 This Act sets out the rules and implementing measures for the participation of the
Republic of Poland in the Schengen Information System (SIS) and the Visa Information System (VIS) and
specifies public authorities' obligations and rights which concern making entries and viewing data in the
Schengen Information System and the Visa Information System via the National Information System (KSI).
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
Article 2. For the purposes of this Act, the following definitions shall apply:
‘direct access’ shall mean making entries and viewing data managed within the National
Information System (KSI), which is directly implemented by an authority specified in this Act;
(4)
‘Central Visa Information System’ shall mean the central system referred to in Article 1(2) of
Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L
213, 15.06.2004, p. 5-7.);
‘central KSI technical authority’ shall mean the Chief of the Police Force;
‘data’ shall mean the SIS or VIS data;
(5)
‘SIS data’ shall mean the data specified in Article 20(1) and Article 20(2) of 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) (OJ
L 381, 28.12.2006, p. 4–23) and the data specified in Article 20 paragraphs 1 to 3 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) (OJ L 205, 7.8.2007, p. 63.)
(6)
‘VIS data’ shall mean the data specified in Article 5(1) of Regulation (EC) No 767/2008 of the
European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS)
and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218,
13.8.2008, p. 60–81);
‘supplementary information’ shall mean all information which is exchanged via SIRENE bureaux
between national and foreign authorities entitled to use SIS data and which is essential when making
entries in the Schengen Information System or which enables to take appropriate action in the cases
when the examination of SIS data allowed to identify persons or objects whom the entries concern;
‘national interface’ shall mean the national interface referred to in Article 1(2) of Council Decision
2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS);
(7)
(repealed)
(8)
‘national copy’ shall mean the complete copy of SIS database referred to in Article 4(1)(b) of
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) and in Article (4)(1)(b) of Council Decision 2007/533/JHA of 12 June 2007 on the establishment,
(3)
operation and use of the second generation Schengen Information System (SIS II);
(9)
‘National Information System’ (KSI) shall mean a set of mutually cooperating devices, data
processing procedures and software tools (software) used for data processing, and a
telecommunications infrastructure, which enables the public administration authorities and the
judiciary authorities to use data stored in the Schengen Information System and in the Visa
Information System;
(10)
12)
(repealed);
13) ‘Member State’ shall mean a Member State of the European Union, a Member State of the European
Free Trade Association (EFTA) which is a party to the European Economic Area Agreement and is
not a member of the European Union, or a state which is not a party to the EEA Agreement and
whose citizens may move freely pursuant to the agreements concluded by such state with the
European Community and its Member States, with the exception of states towards which the Council
decided not to apply the Schengen acquis provisions;
(11)
14)
‘indirect access’ shall mean making entries and viewing data managed within the National
Information System (KSI), which is implemented in the cases set forth in this Act by the central KSI
technical authority or an authority specified in Articles 3a, 4a and 7(2);
(
(12)
5)
‘SIS II central system’ shall mean the central system composed of the technical support function
containing a database and of the uniform national interface referred to in Article 4(1)(a) of 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),
and in Article (4)(1)(a) 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);
(13)
15)
‘Schengen Information System’ shall mean the information system referred to in Articles 1 and 4 of
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) and in Article 1 and 4 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);
(
(14)
5)
‘N.SIS II national system’ shall mean the Polish national system comprising the national copy which
is linked to the SIS II central system referred to in Article 4(1)(b) of 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), and in Article (4)(1)(b) 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);
(15)
16)
‘Visa Information System’ shall mean the system referred to in Article 1 of Council Decision
2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS);
(16)
17)
‘entry’ shall mean a physical act consisting in entering into, modifying or deleting from the
Schengen Information System or the Visa Information System the data which enables competent
authorities to identify a person or an object, and to take up the action proposed due to the said
identification;
18) ‘data use’ shall mean processing of personal data within the meaning of the Polish Personal Data
1)
Protection Act of 29 August 1997 (Dz. U. [Journal of Laws] of 2002, No 101, item 926, as amended )
as well as any operations on data other than personal data, such as collecting, entering, recording,
storing, processing, modifying, publishing and deleting.
11)
Chapter 2
Authorities and services entitled to use the data
(17)
Article 3
1. Entitlement to directly access the National Information System (KSI) with the purpose
of making SIS data entries on:
1) wanted persons which are to be taken into provisional custody with the aim of surrendering them by a
foreign state, pursuant to a submitted surrender motion, shall be granted to a court or to a public
prosecutor’s office.
2) wanted persons which are to be taken into provisional custody with the aim of surrendering such
persons on the basis of the European arrest warrant shall be granted to a court or to a public
prosecutor’s office.
3) witnesses subpoenaed to appear before a court or a public prosecutor in conjunction with criminal
proceedings or criminal fiscal proceedings, or wanted suspects summoned to appear before a public
prosecutor due to criminal proceedings or criminal fiscal proceedings, accused persons summoned to
appear before a court due to criminal proceedings or criminal fiscal proceedings who are to be made
responsible for the acts for which they are being searched, convicted persons with a pending
sentence in a criminal case or a criminal fiscal case, or convicted persons summoned to appear
before a court to serve time in prison - in order to establish their location - shall be granted to a court
or to a public prosecutor’s office;
4) the foreigners referred to in Article 134a of the Foreigners Act of 13 June 2003 (Dz.U. of 2006, No
234, item 1694, as amended) shall be granted to the Head of the Office for Foreigners;
5) missing persons or missing persons who should be handed over to a competent social care facility or
a hospital in order to ensure their own safety or to prevent any threats that they may cause shall be
granted to the Police;
3
6) persons or motor vehicles with engine capacity exceeding 50 cm , ships, airplanes and containers
brought in order to:
a) carry out covert surveillance aimed at prosecuting crimes and preventing threats to public safety
shall be granted to the Police, fiscal audit authorities, the Border Guard, the Internal Security
Agency (ABW), the Military Gendarmerie or the Central Anticorruption Bureau (CBA),
b) carry out control aimed at prosecuting crimes and preventing threats to public safety shall be
granted to the Police, fiscal audit authorities, the Border Guard, the Internal Security Agency
(ABW), the Military Gendarmerie, the Central Anticorruption Bureau (CBA) or the Customs Office,
c) carry out covert surveillance aimed at preventing serious threats to the internal and external state
security shall be granted to the Border Guard, the Internal Security Agency, the Foreign
Intelligence Agency, the Central Anticorruption Bureau, the Military Counterintelligence Service or
the Military Intelligence Service,
d) carry out control aimed at preventing serious threats to the internal and external state security
shall be granted to the Border Guard, the Internal Security Agency, the Foreign Intelligence
Agency, the Central Anticorruption Bureau, the Military Counterintelligence Service or the Military
Intelligence Service;
7) objects which are to be confiscated or which are to be confiscated with the intent to be used as a
proof in a criminal proceedings or in a criminal fiscal proceedings shall be granted to the minister
competent for internal affairs, the Police, the Border Guard, the Internal Security Agency, the Military
Gendarmerie, the Central Anticorruption Bureau, the Customs Office, fiscal audit authorities, the
Head of the Maritime Office, courts, public prosecutor’s offices or tax offices appointed under the
procedure set forth in Article 3a.
2. Whenever an authority referred to in paragraph 1 is unable to obtain direct access to the National
Information System (KSI) due to reasons beyond its control, this authority may make SIS data entries via
the central KSI technical authority.
3. When making SIS data entries, the authorities specified in paragraph 1 shall ensure that these
comply with the law, are accurate and up-to-date.
Article 3a (18) In order to make the SIS data entries referred to in Article 3(1)(7), tax offices access
the National Information System (KSI) via access points, i.e. via tax offices appointed in a given
voivodeship by an order issued by the minister competent for public finance.
(19)
Article 4. 1.
Direct access entitlement to the National Information System (KSI) with the purpose
of viewing SIS data concerning:
1) wanted persons who are to be taken into provisional custody with the aim to be surrendered upon a
motion submitted by a Member State or a foreign state shall be granted to the Border Guard, the
Police, the Internal Security Agency, the Military Gendarmerie, the Central Anticorruption Bureau, the
Customs Office, fiscal audit authorities, a court, a public prosecutor’s office or tax offices appointed
under the procedure set forth in Article 4a;
2) wanted persons who are to be taken into provisional custody with the aim of surrendering such
persons on the basis of the European arrest warrant shall be granted to the Border Guard, the Police,
the Internal Security Agency, the Military Gendarmerie, the Central Anticorruption Bureau, the
Customs Office, fiscal audit authorities, a court, a public prosecutor’s office or tax offices appointed
under the procedure set forth in Article 4a;
3) witnesses subpoenaed to appear before a court or a public prosecutor in conjunction with criminal
proceedings or criminal fiscal proceedings, wanted suspects summoned to appear before public
prosecutor due to criminal proceedings or criminal fiscal proceedings, accused persons summoned to
appear before a court due to criminal proceedings or criminal fiscal proceedings who are to be made
responsible for the acts for which they are being searched, convicted persons with a pending
sentence in a criminal case or a criminal fiscal case, or convicted persons summoned to appear
before a court in order to serve time in prison with the aim of establishing their location shall be
granted to the Border Guard, the Police, the Internal Security Agency, the Military Gendarmerie, the
Central Anticorruption Bureau, the Customs Office, fiscal audit authorities, a court, a public
prosecutor’s office or to tax offices appointed under the procedure set forth in Article 4a;
4) foreigners whose data have been entered in the Schengen Information System in order to prevent
their entry shall be granted to the minister competent for foreign affairs, the Border Guard, the Police,
the Internal Security Agency, the Foreign Intelligence Agency, the Military Gendarmerie, the Central
Anticorruption Bureau, the Military Counterintelligence Service, the Military Intelligence Service, the
Customs Office, the Head of the Foreigners Office, a voivode, fiscal audit authorities, a consul, a
court or a public prosecutor’s office;
5) missing persons or missing persons who should be handed over to a competent social care facility or
a hospital in order to ensure their own safety or to prevent any threats that they may cause shall be
granted to the Border Guard, the Police, the Internal Security Agency, the Military Gendarmerie, the
Central Anticorruption Bureau, the Customs Office, fiscal audit authorities, a court or a public
prosecutor’s office;
3
6) persons or motor vehicles with engine capacity exceeding 50 cm , ships, airplanes and containers
brought in order to carry out covert surveillance or control shall be granted to the Border Guard, the
Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Gendarmerie, the
Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption
Bureau, the Customs Office, fiscal audit authorities, a court or a public prosecutor’s office;
7) objects subject to confiscation or objects subject to confiscation with the intent to be used as a proof
in criminal proceedings or in criminal fiscal proceedings which fall into one of the following categories:
3
a) motor vehicles with engine capacity exceeding 50 cm , ships and airplanes,
b) trailers and semi-trailers with an unladen curb mass exceeding 750 kg, travel trailers, industrial
devices, trailer engines and containers,
c) firearms,
d) clear forms of official deeds which have been stolen, appropriated or lost,
e) issued identity documents such as: passports, personal IDs, driver licenses, residence permits
and travel documents which have been stolen, appropriated, lost or cancelled,
f) vehicle registration certificates and registration plates which have been stolen, appropriated, lost
or cancelled,
g) banknotes (whose serial numbers have been recorder),
h) securities and means of payment such as: cheques, credit cards, bonds, shares and documents
confirming one’s ownership of shares which have been stolen, appropriated, lost or cancelled,
- shall be granted to the Border Guard, the Police, the Internal Security Agency, the Military
Gendarmerie, the Central Anticorruption Bureau, the Customs Office, fiscal audit authorities, a court,
a public prosecutor’s office or tax offices appointed under the procedure set forth in Article 4a;
8) objects subject to confiscation or objects subject to confiscation with the intent to be used as a proof
in criminal proceedings or in criminal fiscal proceedings which fall into one of the categories referred
to in subparagraph (7) (d) and (e) shall be granted to the minister competent for internal affairs, the
Head of the Foreigners Office, a voivode, a consul or the Head of the Maritime Office;
9) objects subject to confiscation or objects subject to confiscation with the intent to be used as a proof
in criminal proceedings or in criminal fiscal proceedings which fall into one of the categories referred
to in subparagraph (7) (a), (b) and (f) shall be granted to the minister competent in internal affairs, the
Government Protection Bureau, the Foreign Intelligence Agency, the Military Intelligence Service, the
Military Counterintelligence Service, military units authorities of the Polish Armed Forces or the
Voivode of Mazowieckie Voivodeship.
(20)
2.
Indirect access entitlement to the National Information System (KSI) with the purpose of
viewing SIS data on the objects referred to in paragraph 1 (7) (a), (b) and (f) shall be granted to local
government authorities in charge of registering vehicles.
(21)
The authorities referred to in paragraphs 1 (9) and 2 shall be entitled to view the SIS data
3.
exclusively when performing their duty to register vehicles, as set forth in Articles 73 and 74 of the Polish
2)
Traffic Law Act of 20 June 1997 (Dz.U. of 2005, No 108, item 908, as amended ), in order to check
whether vehicles submitted to registration have not been stolen, appropriated or lost in some other way.
4. Whenever the authorities referred to in paragraphs 1 and 2 view the SIS data and in result find a
person or an object that the said data concerns, they are obliged to take action specified in the entry,
provided that such actions are within the scope of competences of such authority, or they are obliged to
immediately hand over a person or an object to the Police.
5. The minister competent for internal affairs shall, by ordinance, set forth the procedure of handing
over to the Police persons or objects found as a result of viewing the SIS data; he shall also determine
duties of the Police having regard to a swift and effective completion of actions towards found persons or
objects which have been specified in the entry.
Article 4a (22) In order to view the SIS data referred to in Article 4(1) (1) – (3) and (7), tax offices
access the National Information System (KSI) via access points, i.e. via tax offices appointed in a given
voivodeship by an order issued by the minister competent for public finance.
(23)
(24)
Article 5
1.
In order to enable direct access to make entries of the SIS data, the Border Guard,
a consul, a voivode or the minister competent for foreign affairs access the Visa Information System via
the National Information System (KSI).
2. The authorities specified in paragraph 1 shall be obliged to:
1) exchange VIS data by making entries in the Central Visa Information System via the National
Information System (KSI);
2) ensure that VIS data entries made by a given authority comply with the law and are accurate and upto-date;
3) ensure that VIS data are deleted after the period for which a given authority enters the data elapses;
4) inform promptly the central KSI technical authority about the irregularities found regarding the use of
VIS data by the National Information System (KSI);
5) examine the Member States’ applications to modify or delete VIS data which have been entered by a
given authority, and inform the Member States about the need to modify or delete VIS data entered
by them.
A consul or a voivode shall inform promptly a Member State or Member States about the fact of
obtaining Polish citizenship by a person who is applying for a visa in this Member State or in these
Member States.
(25)
Article 6
Direct access to the Visa Information System shall be implemented via the National
Information System (KSI) which enables viewing VIS data in order to:
(26)
1)
examine submitted visa applications, decide on their acceptance or denial, as well as issue
decisions on the annulment, extension or revoking of visas shall be granted to the Border Guard, a
consul, a voivode, the minister competent for foreign affairs, or to the Head of the Foreigners Office;
(27)
2)
hold consultations between central visa authorities regarding visa applications pursuant to Article
22 of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009
establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1) shall be granted to
the Head of the Foreigners Office;
(28)
3)
compile reports and statistics shall be granted to the Border Guard, a consul, a voivode, the
minister competent for foreign affairs, or to the Head of the Foreigners Office;
4) check the identity of persons holding a visa at border crossing points, check the authenticity of a visa
or the a person’s compliance with the requirements for entering the territory of Member States in
accordance with Article 5 of Regulation (EC) No 562/2006 of the European Parliament and of the
Council of 15 March 2006 establishing a Community Code on the rules governing the movement of
persons across borders (Schengen Borders Code) shall be granted to the Border Guard and the
Customs Office;
5) check on the territory of the Republic of Poland the identity of a visa holder, visa authenticity or check
a person’s compliance with the requirements for entering the territory of Member States shall be
granted to a voivode, the Police Commander-in-Chief, the poviat (municipal) Police Commander-in-
6)
7)
8)
9)
Chief, the Commander-in-Chief of a Border Guard unit, or to the Commander-in-Chief of a Border
Guard post;
identify a person who does not meet the requirements or who no longer meets the requirements for
entering or staying on the territory of Member States shall be granted to the Border Guard, the Police,
the Customs Office, a voivode, or to the Head of the Foreigners Office;
specify a Member State which is responsible for processing an application for granting a refugee
status pursuant to Articles 9 and 21 of Council Regulation (EC) No 343/2003 of 18 February 2003
establishing the criteria and mechanisms for determining the Member State responsible for examining
an asylum application lodged in one of the Member States by a third-country national ( OJ L 50,
25.2.2003, p. 1) shall be granted to the Head of the Foreigners Office;
examine an application for granting a refugee status shall be granted to the Head of the Foreigners
Office or to the Council for Refugees;
fulfil the duty referred to in Article 25(2) of Regulation (EC) No 767/2008 of the European Parliament
and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of
data between Member States on short-stay visas (VIS Regulation) shall be granted to a consul or a
voivode.
(29)
Article 7 1. Entitlement to indirect access to the National Information System (KSI) in order to view
VIS data shall be granted to a court, a public prosecutor’s office, the Police, the Border Guard, the
Customs Office, the Internal Security Agency, the Foreign Intelligence Agency, the Central Anticorruption
Bureau, fiscal audit authorities, the Government Protection Bureau, the Military Counterintelligence
Service, the Military Gendarmerie or the Military Intelligence Service provided that:
1) such access is necessary in order to prevent, uncover or prosecute crimes enlisted under Article
3)
607w of the Code of Penal Procedure of 6 June 1997 (Dz.U. No 89, item 555, as amended. );
2) it is indispensable in a given case;
3) there are strong grounds for acknowledging that viewing VIS data is crucial for the prevention,
uncovering or prosecution of the crimes referred to in subparagraph 1.
2. The indirect access referred to in paragraph 1 shall be implemented via central access points
which are:
1) for a court, a public prosecutor’s office, the Police – the Chief of the Police Force;
2) for the Border Guard – the Commander-in-Chief of the Border Guard;
3) for Customs Office – the Chief of the Customs Office;
4) for the Internal Security Agency – the Head of the Internal Security Agency;
5) for the Foreign Intelligence Agency – the Head of the Foreign Intelligence Agency;
6) for the Central Anticorruption Bureau – the Head of the Central Anticorruption Bureau;
7) for fiscal audit authorities – the General Inspector of Fiscal Control;
8) for the Government Protection Bureau – the Head of the Government Protection Bureau;
9) for the Military Counter-Intelligence Service – the Chief of the Military Counterintelligence Service;
10) for the Military Intelligence Service – the Chief of the Military Intelligence Service;
11) for the Military Gendarmerie – the Commander-in-Chief of the Military Gendarmerie.
Chapter 3
Personal data protection and the responsibility for illegal acts or for failure to act with regard to
the use of data
Article 8 1. The Inspector General for the Protection of Personal Data controls whether the use of
data does not breach the rights of persons whom this data concerns.
2. (30) The Inspector General for the Protection of Personal Data shall be entitled to direct access to
the National Information System (KSI) in order to exercise the control referred to in paragraph 1.
3. The control referred to in paragraph 1 shall be exercised pursuant to the provisions of the Personal
Data Protection Act of 29 August 1997.
(31)
Article 9
In the case referred to in Article 34(4) of the 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) and in Article 49(4) of the 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 authority entitled to hand over the case to the European Data
Protection Supervisor in order to launch mediation process shall be the Inspector General for the
Protection of Personal Data.
(32)
As regards using the data via the National Information System (KSI), the data
Article 10
administrator, within the meaning of Article 7(4) of the Personal Data Protection Act of 29 August 1997,
shall be the central KSI technical authority.
Article 11 The data may be used without the knowledge and consent of the persons whom this data
concerns and there is no obligation to disclose the goal for which the data is being collected.
Article 12 In a case of redressing a damage caused by an unlawful act or failure to act with regard to
the use of SIS data, the authority representing the State Treasury shall be the State Treasury Solicitors’
Office.
Article 13 Subject to Article 8 of the act on State Treasury Solicitors’ Office of 8 July 2005 (Dz.U. No
4)
169, item 1417, as amended ), in a case of redressing a damage caused by an unlawful act or failure to
act with regard to the use of VIS data, the authority representing the State Treasury shall be the authority
whose act or failure to act has caused this damage.
Chapter 4
Security of the National Information System (KSI)
(33)
(34)
Article 14
The authorities referred to in Chapter 2 shall be obliged, within the scope of their
competencies, to cooperate with the central KSI technical authority in order to complete their tasks
regarding participation in the Schengen Information System or the Visa Information System, including
sharing of documents and releasing information.
(35)
Article 15
The central KSI technical authority shall present to the minister competent for internal
affairs a report on the operation of the National Information System (KSI) for the previous calendar year by 31 March.
(36)
Article 16
1. The minister competent for internal affairs supervises the correct operation of the
National Information System (KSI).
2. In order to exercise the supervision referred to in paragraph 1, the minister competent for internal
affairs shall be entitled to, in particular:
1) access a list of registered cases referred to in Article 27(1)(10);
2) check whether the National Information System (KSI) complies with technical requirements which
must be met in order to be able to participate in the Schengen Information System and the Visa
Information System;
3) check whether persons with access to the National Information System (KSI) have been properly
trained in data safety procedures and data protection rules, check whether they hold the authorization
referred to in Article 25(2), and check whether such persons have undergone security check;
4) check the correctness of the descriptions of tasks and functions to be performed by persons
authorised to access the National Information System (KSI);
5) check whether the National Information System (KSI) is properly protected by the authorities having
direct access, and in particular check whether it is possible for unauthorised persons to access the
National Information System (KSI).
(37)
Article 17
1. Prior to launching the National Information System, the minister competent for
internal affairs shall be entitled to check with the particular authorities entitled to direct access whether the
National Information System (KSI) is ready to be properly used.
2. Where the minister competent for internal affairs finds that the National Information System is not
ready to be properly used by particular authorities with authorization to direct access, he shall be entitled
to stop the launching of the National Information System by an authority with respect to which irregularities
have been detected.
(38)
Article 18
Where the minister competent for internal affairs detects irregularities in the operation
of the National Information System (KSI) or in its security within particular authorities which have direct
access thereto, he shall be entitled to revoke the authorization to direct access to the National Information
System (KSI) with respect to the authority in whose case such irregularities have been detected - until
such irregularities are eliminated.
(39)
In order to exercise the tasks referred to in paragraphs 16 to 18, the minister
Article 19.
competent for internal affairs may:
1) demand information necessary to determine the factual situation;
2) carry out during the working hours of a given authority an inspection of devices, storage mediums and
information systems incorporated in the National Information System (KSI);
3) commission drafting of expert reports and opinions;
4) demand blocking the direct access to the National Information System (KSI) until the detected
irregularities are eliminated.
Article 20 (40) Where irregularities in the operation of the National Information System (KSI) are
detected, the minister competent for internal affairs may demand initiation of the disciplinary proceedings,
or some other proceedings provided for by the law, against persons who are guilty of negligence, and he
may inform such persons, within a specified period, about the results of such proceedings as well as about
the initiated actions.
(41)
The minister competent for internal affairs shall specify, by ordinance, the technical
Article 21
conditions, the method and the procedure for making SIS data entries, as well as the duties of authorised
authorities connected therewith as well as the procedure for updating, deleting and searching SIS data in
the National Information System (KSI), having regard to the proper fulfilment by the Republic of Poland of
its obligations arising from the participation in the Schengen Information System.
2. The minister competent for internal affairs shall specify, by ordinance, the method of using the
National Information System (KSI) as a national interface for the Visa Information System, including the
method for making VIS data entries and viewing the VIS data, having regard to the proper fulfilment by the
Republic of Poland of its obligations arising from the participation in the Schengen Information System.
Article 22 1. The authorities entitled, pursuant to Article 3(2), to make SIS data entries via the central
KSI technical authority submit a request to make the desired SIS data entry (on a filled out data sheet).
The central KSI technical authority shall immediately make a SIS data entry and shall inform about this
fact the authority which submitted such request, or it shall inform this authority that it is impossible for
them to make such a SIS data entry and it shall justify their decision.
2. The authorities specified in Article 4(2) submit a question regarding the SIS data which they are
authorized to access indirectly to the central KSI technical authority, on a filled out question sheet. The
central KSI technical authority shall immediately send the relevant SIS data to the authority which
submitted the question.
3. The minister competent for internal affairs shall specify, by ordinance, a template of the entry sheet
referred to in paragraph 1 and a template of the question sheet referred to in paragraph 2, and shall also
determine the rules for filling out these sheets, having regard to the scope of the authorities’ entitlement to
use SIS data.
Article 23 1. Where an authority which has made an SIS data entry discovers that the SIS data in the
entry are incorrect, such authority shall immediately make necessary modifications of this data informing
at the same time the central KSI technical authority about the fact.
(42)
2.
Where an authority which has made a SIS data entry determines that the period which is
required in order to meet the goals for which the entry has been made elapsed, or when there is no legal
basis to continue to store the said SIS data, or when the period which is required in order to meet the
goals for which the entry has been made has not yet elapsed, this authority shall accordingly delete the
SIS data or extend the period for their storage, and it shall promptly inform the central KSI technical
authority about the fact.
The central KSI technical authority shall inform the authorities which submitted a question regarding
the SIS data about modifications made in the SIS data.
(43)
In the case when it is determined that the SIS data used by the authorities referred to in Article
4.
3 and 4 are used incorrectly, these authorities shall inform promptly the SIRENE bureaux about this fact in
order to verify the authenticity of the said SIS data.
(44)
Article 24
The authority entitled to use data via the National Information System (KSI) shall
comply with the relevant control procedures which point to actions taken within the framework of a given
authority and which are aimed at ensuring compliance of the used data with the applicable provisions.
Article 25 (45) 1. The authority entitled to use data via the National Information System (KSI) shall
conduct training on data safety and protection for all persons authorised to access the National
Information System (KSI).
2. Participation in the training referred to in paragraph 1 shall be obligatory to obtain authorization to
access the National Information System (KSI) and to use the data stored therein.
3. Upon consulting the Inspector General for the Protection of Personal Data, the minister competent
for internal affairs shall, by ordinance, determine the way in which the trainings in safety and protection of
data used via the National Information System (KSI) are to be carried out, and he shall specify the
qualifications of persons who are entitled to conduct such trainings, having regard to the need of ensuring
data protection.
(46)
The minister competent for internal affairs shall specify, by ordinance, the procedure for
4.
obtaining access to the National Information System (KSI), the mode of granting the authorised persons
their unique personal user identifier as well as a template authorisation form for obtaining access to the
National Information System (KSI) and for using the data, having regard to proper fulfilment by the
Republic of Poland of its obligations arising from the participation in the Schengen Information System
(SIS) and the Visa Information System (VIS).
Chapter 5
The central KSI technical authority
Article 26 1.(47) The authority responsible for N.SIS II national system shall be the central KSI
technical authority.
2. The tasks of the central KSI technical authority shall include:
1) setting up, launching, technical operation and maintenance of the National Information System (KSI);
2) ensuring, within the framework of N.SIS II national system, the swift operation and safety of the
Schengen Information System.
Article 27 (48) In order to implement the tasks referred to in Article 26(2)(1), the central KSI technical
authority shall be obliged to in particular:
1) comply with the applicable protocols and technical procedures in order to ensure compatibility
between the National Information System (KSI) on the one hand, and the SIS II central system and
the Central Visa Information System, on the other;
2) ensure that, thanks to automatic updates, the SIS data stored in the national copy are identical and
coherent with the data stored in the SIS II central system;
3) ensure safety of the National Information System (KSI), in particular by developing contingency plans
for the protection of critical infrastructure;
4) check whether the authorities which use data via the National Information System (KSI) are entitled to
access the data;
5) enable the authorities referred to in Articles 5 to 7 to use the VIS data via the National Information
System (KSI), and grant them the essential information which these authorities require in order to
properly carry out the tasks resulting from the participation in the Visa Information System;
6) handing over to the European Commission the lists of authorities referred to in Articles 5 to 7;
7) cooperate with a national Europol in granting authorisation to access the VIS data to the European
Police Office (Europol);
8) prevent access of unauthorised persons to the National Information System (KSI);
9) prevent the unauthorised reading, copying, modification or removal of data media used in the
National Information System (KSI);
10) ensure that each case of access to data or any other use of data in the National Information System
(KSI) is recorded;
11) ensure physical protection of data used via the National Information System (KSI);
12) prevent exploitation of the National Information System (KSI) by unauthorised persons using data
communication equipment;
13) ensure that it is subsequently possible to verify and establish which data have been input via the
National Information System (KSI), when and by whom the data was used, and what amount of data
was made available;
14) prevent the unauthorised reading, copying, modification or deletion of data during transfers of data or
during transportation of data media within National Information System (KSI), in particular by means
of appropriate encryption techniques;
15) ensure that persons entitled to use the National Information System (KSI) are granted access only to
the data for which an authorisation is set forth in the provisions of the Act.
2. In order to implement the tasks referred to in Article 26(2)(2), the central KSI technical authority
shall be obliged to in particular:
1) enable the authorities referred to in Articles 3 and 4 to use SIS data via the National Information
System (KSI);
2) grant information which is essential for the authorities referred to in Articles 3 and 4 to properly carry
out their tasks;
3) cooperate with the authorities entitled to make SIS data entries via the National Information System
(KSI) in order to ensure that SIS data entries are comply with the law and that they are accurate and
up-to-date;
4) check whether the authorities which use the SIS data via the National Information System (KSI) are
entitled to access the SIS data;
5) check the effectiveness of measures aimed at ensuring safety of the SIS data used via the National
Information System;
6) ensure that the SIS data entered via the National Information System (KSI) are deleted after the
period for which they have been entered elapses;
7) check the legitimacy of prolonging the period for storing the SIS data entered via the National
Information System (KSI);
8) send to the SIS II central system Management Authority a list of the authorities referred to in Articles
3 and 4;
9) prevent unauthorised use of the SIS data.
(49)
The minister competent for internal affairs shall specify, by ordinance, the detailed
Article 28
manner for recording cases referred to in Article 27(1)(10), having regard to the safety and protection of
data used via the National Information System (KSI).
(50)
Article 29
1. Prior to launching the National Information System (KSI), the central KSI technical
authority shall be obliged to inform the minister competent for internal matters about the National
Information System’s (KSI) readiness to be launched.
2. The minister competent for internal affairs, having obtained the information referred to in paragraph
1, shall carry out an inspection regarding the National Information System (KSI) compliance with the
requirements set out in Article 92(2) of the Implementation Convention..
2. After having carried out the inspection referred to in paragraph 2, the minister competent for
internal affairs shall present to the central KSI technical authority a written opinion on the National
Information System’s (KSI) compliance with the requirements set out in Article 92(2) of the Implementation
Convention, and if irregularities occur in the National Information System (KSI) he shall forward to the
central KSI technical authority his post-inspection recommendations in writing.
(51)
Article 30
1. The central KSI technical authority, prior to launching the National Information
System (KSI), shall be obliged to submit to the Inspector General for the Protection of Personal Data a
request to conduct an inspection regarding the National Information System’s (KSI) compliance with the
requirements set out in Articles 36-39 of the Personal Data Protection Act of 29 August 1997 and in the
provisions arising from Article 39a of the said act.
2. The request referred to in paragraph 1 shall include a description of technical and organizational
measures set out in Articles 36 to 39 of the Personal Data Protection Act of 29 August 1997 as well as an
information about the manner in which the technical and organizational measures set out in the provisions
arising from Article 39a of the said act are to be implemented.
3. The central KSI technical authority shall be obliged to cooperate with the Inspector General for the
Protection of Personal Data in order to carry out the inspection referred to in paragraph 1, in particular by
providing information and explanations.
In order to carry out the tasks referred to in paragraph 1, the Inspector General for the Protection of
Personal Data, the Deputy Inspector for the Protection of Personal Data or the employees of the Bureau
of the Inspector General for the Protection of Personal Data holding an authorization shall be entitled to:
(52)
1)
enter between 6 a.m. and 10 p.m., upon presenting a personal letter of authorization and their
identification tag, the National Information System (KSI) room and carry out necessary investigations
or some other control activities;
2) demand submitting a written or oral explanations as well as summon and question persons insofar as
it is necessary to establish the factual situation;
3) view all documents and all data which are directly connected with the object of inspection, and make
their copies;
(53)
examine individual elements of the National Information System (KSI), including devices, software,
4)
and data processing procedures;
5) commission drafting of expert reports and opinions.
2. After having carried out the inspection referred to in paragraph 2, the minister competent for
internal affairs shall present to the central KSI technical authority a written opinion on the National
Information System’s (KSI) compliance with the requirements set out in Articles 36 to 39 of the Personal
Data Protection Act of 29 August 1997 and in provisions arising from Article 39a of the said act, and in the
case when irregularities in the National Information System (KSI) are detected he shall send written postinspection recommendations to the central KSI technical authority.
Article 31 1. Where the minister competent for internal affairs or the Inspector General for the
Protection of Personal Data present their pos-inspection recommendations, the central KSI technical
authority has a right to submit, in writing, their justified restrictions concerning the sent post-inspection
recommendations - within 7 days from their reception.
2. Where the reservations referred to in paragraph 1 are submitted, the minister competent for
internal affairs or the Inspector General for the Protection of Personal Data, respectively, may:
1) consider the reservations to be ungrounded and uphold the post-inspection recommendations;
2) consider some of the reservations to be justified and uphold the post-inspection recommendations in
the remaining part;
3) consider the reservations to be fully justified and issue a positive opinion.
Article 32 Where the central KSI technical authority does not submit any reservations, and also if the
minister competent for internal affairs or the Inspector General for the Protection of Personal Data dismiss
such reservation that may have been submitted, the central KSI technical authority shall be obliged to
implement the post-inspection recommendations and then to submit to the authority which issued the
post-inspection recommendations a request to carry out the inspection referred to in Article 29(2) or in
Article 30(1).
(55)
Launching of the National Information System (KSI) may take place provided that the
Article 33
positive opinions referred to in Articles 29(3), 30(5) or 31(2)(3) have been obtained.
(56)
Article 34
1. In the case of making any modifications to the National Information System (KSI)
after it has been launched, the central KSI technical authority - prior to implementing these modifications shall be obliged to obtain from the minister competent for internal affairs a written consent regarding the
National Information System’s (KSI) compliance with the requirements set out in Articles 4 and 9 of the
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) and
in Articles 4 and 9 of the Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation
and use of the second generation Schengen Information System (SIS II) and an opinion of the Inspector
General for the Protection of Personal Data.
2. In order to issue the opinion, the minister competent for internal affairs shall carry out an inspection
regarding the National Information System’s (KSI) compliance with the requirements set out in paragraph
1.
2. Having carried out the inspection, the minister competent for internal affairs shall present to the
central KSI technical authority the written opinion referred to in paragraph 1, and if irregularities occur in
the National Information System (KSI) he shall send to the central KSI technical authority the postinspection written recommendations. If post-inspection recommendations are sent, the provision set out in
Article 31 shall apply accordingly to the central KSI technical authority.
4. Where the central KSI technical authority does not submit any reservations and also if the minister
competent for internal affairs dismisses such reservations that may have been submitted, the central KSI
technical authority shall be obliged to implement the post-inspection recommendations, and then to submit
to the minister competent for internal affairs a request to carry out the inspection referred to in paragraph
2.
5. Obtaining from the Inspector General for the Protection of Personal Data the opinion referred to in
paragraph 1 shall be done within the scope and under the procedure set out in Articles 30 to 32.
Chapter 6
SIRENE bureaux
(57)
Article 35
Within the framework of the General Headquarters of the Police an organizational unit
shall be established, namely the SIRENE Bureau, which shall in particular ensure the exchange of
supplementary information under the procedure and according to the rules set out in the SIRENE Manual,
referred to in Article 8(4) of the 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), and in Article 8(4) of the Council Decision 2007/533/JHA of 12 June
2007 on the establishment, operation and use of the second generation Schengen Information System
(SIS II).
2. The SIRENE Bureau in order to carry out its tasks shall have direct access to the National
Information System (KSI).:
Article 36 (58) The Chief of the Police Force shall appoint and dismiss the head of SIRENE Bureau,
after obtaining consent from the minister competent for internal affairs.
(59)
Article 37
The authorities referred to in Chapter 2 shall be obliged, within the scope of their
competency, to cooperate with the SIRENE Bureau in order to complete its tasks connected with the
participation in the Schengen Information System, including the obligation to exchange supplementary
information.
2. The obligation referred to in paragraph 1 involves in particular the obligation to immediately
transfer to the SIRENE Bureau the copies of decisions made as a result of making a SIS data entry via the
National Information System (KSI); such decisions form the basis for SIS data entry the purpose of which
is to refuse entry to foreigners who are family members of EU citizens within the meaning of Article 2(4) of
the Act of 14 July 2006 on entering the territory of the Republic of Poland, staying and departing the
territory by the citizens of the EU Member States and by their family members (Dz.U. No 144, item 1043
and of 2007 No 120, item 818).
Chapter 7
Amendments to the applicable provisions
Article 38 In the Act on the Police Force of 6 April 1990 (Dz.U. of 2007 No 43, item 277, No 57, item
390, No 120, item 818 and No 140, item 981) subparagraph 11 in Article 1(2) shall be repealed.
Article 39 In the Personal Data Protection Act of 29 August 1997 (Dz.U. of 2002 No 101, item 926,
5)
as amended ), in Article 43(1) after subparagraph 2a, subparagraph 2b shall be added reading as follows:
"2b) processed by competent authorities for the purpose of the participation of the Republic of
Poland in the Schengen Information System and in the Visa Information System."
Article 40 The Act of 6 July 2001 on collecting, processing and transferring criminal information and
on the National Information System (Dz.U. of 2006 No 216,item 1585 and No 220, item 1600 and of 2007,
No 120, item 818) shall be amended as follows:
1) the title of the Act shall be replaced by the following: "Act of 6 July 2001 on collecting, processing and
transferring criminal information”;
2) subparagraph 8 of Article 4 shall be repealed;
3) Chapter 4a shall be repealed;
4) Articles 40a and 40b shall be repealed.
Article 41 The Foreigners Act of 13 June 2003 (Dz.U. of 2006 No 234, item 1694 and of 2007 No
120, item 818) shall be amended as follows:
1) letter (a) of subparagraph 2 in Article 3(2) shall be replaced by the following:
"(a) Articles 93, 94, 96 and 100 in Chapters 9 and 10, Article 124(1)(g), 124(2) and (4), Article
125(1)(2) within the scope concerning Article 124(1)(g), Articles 126(1)(4) and (7), 126(2), 127,
128(2), 131 - 134a which are applicable to the EU Member States citizens, Member States of
the European Free Trade Association (EFTA) which are parties to the EFTA Agreement or to the
Swiss Confederation and their family members,”;
2) in Article 4:
a) subparagraph 5 shall be replaced by the following:
"5) ‘visa’ shall mean a permission issued to a foreigner by a Polish authority or by an authority
whose competence in this scope stems from the provisions of international agreements
applicable to the Republic of Poland, or by an authority of Schengen states, which entitles
such foreigner to enter the territory of the Republic of Poland or of other Schengen states, to
transfer through such territory and to stay on it for the period of time, for the purpose of, and
under the conditions therein specified;";
b) after subparagraph 5, the following subparagraphs 5a - 5d shall be added:
"5a) ‘uniform visa’ shall mean the visa referred to in Article 10 of the Convention implementing
the Schengen Agreement of 14 June 1985 between the Governments of the States of the
Benelux Economic Union, the Federal Republic of Germany and the French Republic on
the gradual abolition of checks at their common borders (OJ L 239/2000, 22.9.2000,p. 19,
as amended);;
5b) ‘national visa’ shall mean a visa which permits to enter, transfer through and stay on the
territory of the Republic of Poland;
5c) ‘central visa authority’ shall mean an authority responsible for holding consultations,
including the e- consultations referred to in Article 17(2) of Convention of 19 June 1990
implementing the Schengen Agreement of 14 June 1985 between the Governments of the
States of the Benelux Economic Union, the Federal Republic of Germany and the French
Republic on the gradual abolition of checks at their common borders;
5d) Schengen states shall mean states which fully implement the Schengen acquis;”;
3) Article 28 shall be replaced by the following:
"Article 28 1. A transit visa entitles its holder to pass through the Republic of Poland or through the
territory of other Schengen states, and may be issued to a foreigner who has the right
to enter the territory of a target country or a country bordering the Republic of Poland.
2. The visa referred to in paragraph 1 shall be issued for a period of stay not exceeding 5
days, counting from the day of each entry on the territory of Schengen states".;
4) Article 31 shall be replaced by the following:
"Article 31 1. A stay visa shall be issued as a uniform visa or a national visa.
2. A uniform stay visa entitles its holder to enter the territory of Schengen states and
permits an uninterrupted stay therein, or it entitles its holder to several consecutive
stays, not exceeding in total 3 months within the period of 6 months, counting from the
day of the first entry on such territory.
3.
5)
6)
7)
8)
9)
10)
11)
12)
A national stay visa entitles its holder to enter the territory of the Republic of Poland
and permits an uninterrupted stay therein, or it permits several consecutive stays, not
exceeding in total one year within the period of the visa’s validity.
4. A national stay visa may be issued with the aim to allow the entry and stay referred to
in Article 26(4)(b), (d), (d) - (j), and (r), if the circumstances of such stay require it to
last longer than 3 months.
5. The period of stay granted on the basis of a national stay visa shall be specified
pursuant to the provisions in paragraphs 3 and 4, and accordingly to the purpose of
stay indicated by a foreigner.
6. A stay visa may be valid for no longer than 5 years.";
in Article 32, paragraph 1 shall be replaced by the following:
"1. A national stay visa may be issued to a foreigner who submits a sworn statement confirming that
he will be granted a work permit on the territory of the Republic of Poland or, in the case when a
work permit is not required, a written statement of the employer in which the latter states his
intention to employ a given foreigner.”;
in Article 33(1), the first sentence shall be replaced by the following:
"Even if the circumstances referred to in Article 42 occur, a foreigner may be issued a national stay
visa if:";
in Article 34, paragraph 1 shall be replaced by the following:
"1. A national stay visa shall be issued to a minor foreigner born on the territory of the Republic of
Poland upon an application issued by his statutory representative who is staying on the territory
of the Republic of Poland on a basis of a visa.";
Article 35 shall become paragraph 1, and the following paragraph 2 shall be added:
"2. A diplomatic visa, a service visa and a courier visa shall be issued as a national visa.";
in Article 42, the first sentence shall be replaced by the following:
"A foreigner shall be refused a visa if:";
the following Article shall be added after Article 42:
"Article 42a. A foreigner shall be refused a uniform stay visa if his personal data are entered in the list
of foreigners whose stay on the territory of the Republic of Poland is undesirable, or in
the case when a foreigner does not comply with the entry conditions referred to in Article
5(1)(a), (c), (d) and (e) of the Regulation (EC) No 562/2006 of the European Parliament
and the Council of 15 March 2006 establishing a Community Code on the rules
governing the movement of persons across borders (Schengen Borders Code) (OJ L
105, 13.4.2006, p. 1).";;
in Article 44, paragraph 1 shall be replaced by the following:
"1. A foreigner shall be obliged to submit an application for visa extension no later than 7 days
before the expiry date indicated in his uniform visa or no later than 14 days before the expiry
date indicated in his national visa.";
the following Articles shall be added after Article 45:
"Article 45a. 1. In the cases specified by the Council of the European Union pursuant to Article 17(2)
of the Convention implementing the Schengen Agreement of 14 June 1985 between
the Governments of the States of the Benelux Economic Union, the Federal Republic
of Germany and the French Republic on the gradual abolition of checks at their
common borders, the issuance of a uniform visa requires consent of the Head of the
Foreigners Office who acts in the capacity of the central visa authority.
2. The Head of the Foreigners Office shall consult the possibility of granting a
permission to issue a uniform visa:
1) in the cases specified in Annex 5a to the Common consular instructions on visas
for the diplomatic missions and consular posts (OJ C 326, 22.12.2005, p. 1),
hereinafter referred to as "Common Consular Instructions" with:
a) the Commander-in-Chief of the Border Guard,
b) the Chief of the Police Force,
c) the Head of the Internal Security Agency,
d) the Head of the Foreign Intelligence Agency,
e) the minister competent for foreign affairs;
2)
in the cases specified in Annex 5b to the Common Consular Instructions - with
central visa authorities of other Schengen states.
If issuing of a uniform visa by a visa authority of another Schengen state requires
consent of the central visa authority of the Republic of Poland, the Head of the
Foreigners Office, acting in the capacity of the central visa authority, shall consult the
possibility of granting such consent with the authorities referred to in paragraph 2(1)
hereof.
4. The authorities referred to in paragraph 2 (1) shall be obliged to submit an opinion
concerning the consent to issue a uniform visa - within 5 days from receiving the
application for a uniform visa. Failure to submit the said opinion within the specified
period shall be considered as equivalent to issuing a positive opinion.
5. Upon a request of the authorities referred to in paragraph 2(1), the deadline for
sending an opinion concerning the consent to issue a uniform visa may be extended
by 5 days, and in justified cases up to 80 days; the Head of the Foreigners Office
shall notify a consul about this fact.
6. The Head of the Foreigners Office shall inform a consul about granting consent for
issuing a uniform visa or about denying such consent - within 10 days from receiving
the relevant application. The above-mentioned deadline shall be extended to account
for the extension of the deadline for submitting the opinion concerning the issuing of
a uniform visa, referred to in paragraph 5.
7. Failure of the Head of the Foreigners Office to submit the information concerning
consent to issue a uniform visa to a consul, within the deadlines referred to in
paragraph 6, shall be understood as equivalent to granting such consent.
8. Where the refusal to issue a visa results from a position adopted by a central visa
authority of another Schengen state, a consul may issue a uniform visa to a
foreigner, entitling him only to enter the territory of the Republic of Poland.
Article 45b. 1: Before issuing a visa, the competent authority may submit to the Head of the
Foreigners Office an application to obtain information which allows to determine
whether the circumstances referred to in Article 42 subparagraphs 1 - 4 and
subparagraph 7 concern the said foreigner.
2. The Head of the Foreigners Office is obliged to send within 10 days since the day on
which he received the application the information which allows to determine whether
the circumstances referred to in Article 42 subparagraphs 1 - 4 and subparagraph 7
concern the said foreigner.
in Article 46:
a) paragraph 2 shall be replaced by the following:
"2. A consul competent for a foreigner’s permanent residence shall issue or refuse to issue a
national stay visa allowing a foreigner to work",
b) paragraphs 7a and 7b shall be repealed;
in paragraph 48(1), the first sentence shall be replaced by the following:
"A national visa shall be cancelled if:";
in Article 52(1), subparagraph 1 shall be replaced by the following:
"1) visa labels, except for visas issued to heads and members of diplomatic missions, heads of
consular offices and members of a foreign country consular staff, and other persons on whom
acts, agreements or generally accepted international customs confer the same status, as well as
a national visa template, accounting for its different types referred to in Article 26 as well as the
scope of data which are to be entered therein, are specified in Article 25(1) – (4);”;
in Article 57:
a) after subparagraph 2 in paragraph 1, the following subparagraph 2a shall be added:
"2a) his data are stored in the Schengen Information System for the purposes of refusing the
entry;",
b) after paragraph 5, the following paragraph 5a shall be added:
"5a) In the case referred to in paragraph 1(2a), a residence permit for a specified period may be
issued only when there exist substantive reasons, notably on humanitarian grounds or by
reason of international commitments, and with regard to the interest of a country which has
made an entry in the Schengen Information System.";;
in Article 62:
3.
13)
14)
15)
16)
17)
a) after paragraph 7a, the following paragraph 7b shall be added:
"7b) In the case referred to in Article 57(1)(2a), where the circumstances referred to in Article
57(5a) occur, a voivode shall ask through the Chief of the Police Force for a consultation
referred to in Article 25(1) of the Convention implementing the Schengen Agreement of 14
June 1985 between the Governments of the States of the Benelux Economic Union, the
Federal Republic of Germany and the French Republic on the gradual abolition of checks at
their common borders.”;,
b) after paragraph 8, the following paragraph 8a shall be added:
"8a) A voivode shall be obliged to determine whether there are premises to revoke a residence
permit for a specified period in the case when a Schengen state asks for a consultation
pursuant to Article 25(2) of the Convention implementing the Schengen Agreement of 14
June 1985 between the Governments of the States of the Benelux Economic Union, the
Federal Republic of Germany and the French Republic on the gradual abolition of checks at
their common borders.”;,
c) in paragraph 9, the following subparagraph 3 shall be added:
"3) a competent authority of a Schengen state, via the Chief of the Police Force, about:
a) issuing a residence permit for a specified period in the case referred to in Article 25(1) of
the Convention implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of checks at their common
borders,
b) lack of premises to revoke a residence permit for a specified period in the case referred
to in Article 25(2) of the Convention implementing the Schengen Agreement of 14 June
1985 between the Governments of the States of the Benelux Economic Union, the
Federal Republic of Germany and the French Republic on the gradual abolition of
checks at their common borders.";
18) Article 66 shall be replaced by the following:
"Article 66. 1. A foreigner shall be refused a settlement permit if:
1) he does not comply with the requirements referred to in Article 64(1);
2) his personal data are on a list of foreigners whose stay on the territory of the
Republic of Poland is undesirable;
3) his personal data are stored in the Schengen Information System for the purposes
of denial of entry;
4) it is required in the interests of state defence or security, or by the need to protect
public safety and order, or the interest of the Republic of Poland;
5) the grounds for obtaining a permission is the fact of marrying a Polish citizen, and
such a marital union’s sole purpose has been to evade the provisions on granting
residence permits for a specified period or settlement permits;
6) during a procedure for obtaining a settlement permit:
a) he submitted an application or attached to it documents containing false
personal data or false information,
b) he gave false evidence or concealed the truth, or he forged or altered a
document with the intention to use it as an authentic one, or he used such
document as an authentic one;
7) he does not fulfil his tax duties towards the State Treasury.
2. In the case referred to in paragraph 1(3), a settlement permit may be issued only when
there exist substantive reasons, notably on humanitarian grounds or by reason of
international commitments and with regard to the interest of a country which has made
an entry in the Schengen Information System.";
19) in Article 71b:
a) after paragraph 6, the following paragraph 6a shall be added:
"6a) In the case referred to in Article 66(1)(3), where the circumstances referred to in Article
66(2) occur and prior to issuing a long-term resident’s (EC) permit, a voivode shall ask, via
the Chief of the Police Force, for the consultation referred to in Article 25(1) of the
Convention implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic Union, the Federal Republic of
20)
21)
22)
23)
24)
Germany and the French Republic on the gradual abolition of checks at their common
borders.”;
b) the following paragraphs 9 and 10 shall be added:
"9. In the case referred to in Article 25(1) of the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and the French Republic on the gradual
abolition of checks at their common borders, and prior to issuing a long-term resident’s (EC)
permit, a voivode shall inform, via the Chief of the Police Force, a competent authority in a
Schengen state about the fact of issuing a settlement permit.
10. In the case referred to in Article 25(2) of the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and the French Republic on the gradual
abolition of checks at their common borders, and prior to issuing a long-term resident’s (EC)
permit, a voivode shall inform, via the Chief of the Police Force, a competent authority in a
Schengen state about the fact that there are no premises to revoke a settlement permit.";
in Article 88(1), after subparagraph 4, the following subparagraph 4a shall be added:
"4a) his personal data are stored in the Schengen Information System for if a foreigner stays on the
territory of the Republic of Poland on the basis of a short term visa or on the basis of the visafree travel regime;";
in Article 128(1), subparagraph 3 shall be replaced by the following:
"3) a foreigner who has been convicted by a final judgement:
a) in the Republic of Poland for having committed an intentional offence or a tax offence, and
has been fined or imprisoned for a maximum of 1 year,
b) in some non Schengen state for an offence qualified also by the Polish legal system as a
common offence,
c) in a Schengen state for an offence and has been imprisoned for over 1 year;”;
in Article 131:
a) paragraph 1 shall be replaced by the following:
"1. A foreigner may submit an application for:
1) obtaining information about putting his personal data on the list or entering it in the
Schengen Information System;
2) correcting his personal data on the list or in the Schengen Information System if he
concludes that these are not genuine;
3) deleting his personal data from the list or from the Schengen Information System if such
data was put therein by mistake.",
b) after paragraph 1, the following paragraph 1a shall be added:
"1a) An application concerning the data in the Schengen Information System may be submitted
only with respect to personal data on the basis of which the right to entry may be refused
and which has been entered by the Head of the Foreigners Office."
c) paragraph 3 shall be replaced by the following:
"3. In a proceeding launched as a result of submitting the application referred to in paragraph 1,
the Head of the Foreigners Office shall inform a foreigner only about including his personal
data on the list or in the Schengen Information System.";
Article 131a shall become paragraph 1 and after it paragraph 2 shall be added:
"2. Provision of paragraph 1 shall be applicable also in the case of viewing documents which
concern entering a foreigner’s data in the Schengen Information System which is done by the
Head of the Foreigners Office with the purpose to refuse entry.";
after Article 134, the following Article 134a shall be added:
Article 134a: A foreigner’s data, except for data of the citizens of EU Member States, European Free
Trade Association (EFTA) Member States which are parties to the European Free
Trade Association (EFTA) Agreement or the Swiss Confederation Agreement are
stored on the list pursuant to:
1) subparagraphs 1 and 2 of Article 128(1), except for data on a foreigner who has
received a decision obliging him to leave the territory of the Republic of Poland,
2) subparagraphs 3 and 6 of Article 128(1),
3) Article 77 of the Act of 14 July 2006 on entering the territory of the Republic of
Poland, staying in and departing from this territory by the citizens of the EU
Member States and by their family members (Dz.U. No 144, item 1043 and of
2007, No 120, item 818)
- shall be sent to the Schengen Information System for the period during which such
data is stored on the list.";
25) in Article 143(1):
a) after subparagraph 4, the following subparagraph 4a shall be added:
"4a) submitting to the competent authorities of other Schengen states, via the Chief of the Police
Force, the information concerning the legal and actual basis for the entry made for the
purposes set out in Article 25(1) of the Convention implementing the Schengen Agreement
of 14 June 1985 between the Governments of the States of the Benelux Economic Union,
the Federal Republic of Germany and the French Republic on the gradual abolition of
checks at their common borders;";
b) after subparagraph 5, the following subparagraph 5a shall be added:
"5a) performing the function of the Polish central visa authority;".
Article 42 In the Act of 21 July 2006 amending the Police Force Act and some other acts (Dz.U. No
158, item 1122) paragraph 1 in Article 7 shall be repealed.
Chapter 8
Transitional and final provisions
(60)
Article 43 The central KSI technical authority shall be obliged to establish and launch the National
Information System (KSI) before 1 September 2007.
(61)
Article 44
Persons who have access to the National Information System (KSI) after 1 June 2008
shall undergo training as provided for in the provisions issued pursuant to Article 25(3), conducted by
persons holding qualifications set out therein.
Article 45 The current implementing provisions adopted on the basis of Article 52(1)(1) of the Act
referred to in Article 41 remain in force until new implementing provisions are adopted pursuant to Article
52(1)(1) of the Act referred to in Article 41, for no longer, however, than 6 months after this Act enters into
force.
Article 46 This Act shall enter into force on the day of its publication, provided that:
Articles 5 - 7, 13, and 27(1)(5)- (7) applies in compliance with the date of commencing the
operation of the Visa Information System in the Republic of Poland set out by the European
Commission;
(63)
2)
(repealed);
3) Article 41 enters into force on the day specified in the Council’s decision, pursuant to Article 3(2) of
the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the
adjustments to the Treaties on which the European Union is founded of 16 April 2003 (Dz.U. No 90,
item 864).
1)
(62)
______
Amendments to the consolidated text of the said act have been announced in Dz.U. of 2002 No 153,
item 1271, of 2004 No 25, item 219 and No 33, item 285 and of 2006 No 104, item 708 and 709.
2)
Amendments to the consolidated text of the said act have been announced in Dz.U. of 2005 No 109,
item 925, No 175, item 1462, No 179, item 1486 and No 180, item 1494 and 1497, of 2006 No 17,
item 141, No 104, item 708 and 711, No 190, item 1400, No 191, item 1410 and No 235, item 1701,
of 2007, No 52, item 343, No 57, item 381, No 99, item 661, No 123, item 845 and No 176, item
1238, of 2008 No 37, item 214, No 100, item 649, No 163, item 1015, No 209, item 1320, No 220,
item 1411 and 1426, No 223, item 1461 and 1462 and No 234, item 1573 and 1574, of 2009 No 3,
1)
item 11, No 18, item 97, No 79, item 663, No 91, item 739, No 92, item 753, No 97, item 802 and
803, No 98, item 817 and No 168, item 1323 and of 2010 No 40, item 230.
3)
Amendments to the said act have been announced in Dz.U. of 1999 No 83, item 931, of 2000 No 50,
item 580, No 62, item 717, No 73, item 852 and No 93, item 1027, of 2001 No 98, item 1071 and No
106, item 1149, of 2002 No 74, item 676, of 2003 No 17, item 155, No 111, item 1061 and No 130,
item 1188, of 2004 No 51, item 514, No 69, item 626, No 93, item 889, No 240, item 2405 and No
264, item 2641,of 2005 No 10, item 70, No 48, item 461, No 77, item 680, No 96, item 821, No 141,
item 1181, No 143, item 1203, No 163, item 1363, No 169, item 1416 and No 178, item 1479, of 2006
No 15, item 118, No 66, item 467, No 95, item 659, No 104, item 708 and 711, No 141, item 1009
and 1013, No 167, item 1192 and No 226, item 1647 and 1648 and of 2007 No 20, item 116, No 64,
item 432, No 80, item 539, No 89, item 589, No 99, item 664, No 112, item 766, No 123, item 849
and No 128, item 903.
4)
Amendments to the said act have been announced in Dz.U. of 2005 No 264, item 2205, of 2006 No
170, item 1217 and No 218, item 1529 and of 2007 No 25, item 162.
5)
Amendments to the consolidated text of the said act have been announced in Dz.U. of 2002 No 153,
item 1271, of 2004 No 25, item 219 and No 33, item 285 and of 2006 No 104, item 708 and 711.
Footnotes:
1)
The title amended by Article 1(1) of the Act of 12 February 2010 (Dz.U.10.41.233) amending this Act as
of 1 April 2010.
2)
Article 1 amended by Article 1(2) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act on
1 April 2010.
3)
Article 2(1) amended by Article 1(3)(a) of the Act of 12 February 2010 ( Dz.U. 10.41.233) amending this
Act on 1 April 2010.
4)
Article 2(2) amended by Article 1(3)(a) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
Article 2(5) amended by Article 1(3)(b) of the Act of 12 February 2010 (Dz.U.10.41.233) amending this Act
on 1 April 2010, with the proviso that the said provision enters into force on the day specified in the
Council Decision pursuant to Article 55(2) of the 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) – see Article 3 of the amending act.
6)
Article 2(6) amended by Article 1(3)(b) of the Act of 12 February 2010 (Dz.U.10.41.233) amending this
Act on 1 April 2010, with the proviso that the said provision enters into force on the day specified in the
Council Decision pursuant to Article 55(2) of the 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) – see Article 3 of the amending act.
7)
Article 2(9) repealed by Article 1(3)(c) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
8)
Article 2(10) amended by Article 1(3)(d) of the Act of 12 February 2010 (Dz.U.10.41.233) amending this
Act on 1 April 2010, with the proviso that the said provision enters into force on the day specified in the
Council Decision pursuant to Article 55(2) of the 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) – see Article 3 of the amending act.
9)
Article 2(9) repealed by Article 1(3)(d) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
10)
Article 2(12) repealed by Article 1(3)(e) of the Act of 12 February 2010 (Dz.U.10.41.233) amending this
Act on 1 April 2010, with the proviso that the said provision enters into force on the day specified in the
Council Decision pursuant to Article 55(2) of the 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) – see Article 3 of the amending act.
11)
Article 2(14) amended by Article 1(3)(f) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending
this Act on 1 April 2010.
12)
Article 2(14a) added by Article 1(3)(g) of the Act of 12 February 2010 (Dz.U.10.41.233) amending this
Act on 1 April 2010, with the proviso that the said provision enters into force on the day specified in the
Council Decision pursuant to Article 55(2) of the 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) – see Article 3 of the amending act.
13)
Article 2(15) amended by Article 1(3)(h) of the Act of 12 February 2010 (Dz.U.10.41.233) amending this
Act on 1 April 2010, with the proviso that the said provision enters into force on the day specified in the
Council Decision pursuant to Article 55(2) of the 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) – see Article 3 of the amending act.
14)
Article 2(15a) added by Article 1(3)(i) of the Act of 12 February 2010 (Dz.U.10.41.233) amending this
Act on 1 April 2010, with the proviso that the said provision enters into force on the day specified in the
Council Decision pursuant to Article 55(2) of the 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) – see Article 3 of the amending act.
15)
Article 2(16) amended by Article 1(3)(j) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
16)
Article 2(17) amended by Article 1(3)(j) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
17)
Article 3 amended by Article 1(4) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
18)
Article 3a added by Article 1(5) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act on
1 April 2010.
19)
Article 4(1) amended by Article 1(6) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
20)
Article 4(2) amended by Article 1(6) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
21
Article 4(3) amended by Article 1(6) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
22)
Article 4a added by Article 1(7) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act on
1 April 2010.
23
Article 5 amended by Article 1(8) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
24)
Article 5(1) amended by Article 5(1) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
25)
Article 6 amended by Article 1(9) of the Act of 12 February 2010 (Dz.U.10.41.233) amending this Act on
1 April 2010, with the proviso that the provision in Article 6(2) enters into force on the day specified in the
Council Decision pursuant to Article 55(2) of the 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) – see Article 3 of the amending act.
26)
Article 6(1):
- amended by Article 8 of the Act of 9 April 2010 amending the Foreigners Act and some other acts
(Dz.U.10.81.531) on 22 May 2010.
- amended by Article 5(2)(a) of the Act of 3 December 2010 amending the Foreigners Act and some other
acts (Dz.U.10.239.1593) on 28 December 2010.
27)
Article 6(2) amended by Article 8 of the Act of 9 April 2010 amending the Foreigners Act and some
other acts (Dz.U.10.81.531) on 22 May 2010.
28)
Article 6(3) amended by Article 5(2)(b) of the Act of 3 December 2010 amending the Foreigners Act
and some other acts (Dz.U.10.239.1593) on 28 December 2010.
29)
Article 7(1) amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
30)
Article 8(2) amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
31)
Article 9 amended by Article 1(10) of the Act of 12 February 2010 (Dz.U.10.41.233) amending this Act
on 1 April 2010, with the proviso that the said provision enters into force on the day specified in the
Council Decision pursuant to Article 55(2) of the 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) – see Article 3 of the amending act.
32)
Article 10 amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
33)
The title of Chapter 4 amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233)
amending this Act on 1 April 2010.
34)
Article 14 amended by Article 1(18) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
35)
Article 15 amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
36)
Article 16 amended by Article 1(17) and (18) of the Act of 12 February 2010 (Dz.U. 10.41.233)
amending this Act on 1 April 2010.
37)
Article 17 amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
38)
Article 18 amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
39)
Article 19 amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
40)
Article 20 amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
41)
Article 21 amended by Article 1(11) and (17) of the Act of 12 February 2010 (Dz.U. 10.41.233)
amending this Act on 1 April 2010.
42)
Article 23(2) amended by Article 1(12) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
43)
Article 23(4) amended by Article 1(19) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
44)
Article 24 amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
45)
Article 25 amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
46)
Article 25(4) amended by Article 5(3) of the Act of 3 December 2010 amending the Foreigners Act and
some other acts (Dz.U.10.239.1593) on 28 December 2010.
47)
Article 26(1) amended by Article 1(17) and (20) of the Act of 12 February 2010 (Dz.U.10.41.233)
amending this Act on 1 April 2010, with the proviso that the said provision enters into force on the day
specified in the Council Decision pursuant to Article 55(2) of the 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) – see Article 3 of the amending act.
48)
Article 27 amended by Article 1(13), (17), (18) and (21) of the Act of 12 February 2010
(Dz.U.10.41.233) amending this Act on 1 April 2010, with the proviso that the said provision enters into
force on the day specified in the Council Decision pursuant to Article 55(2) of the 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) – see Article 3 of the
amending act.
49)
Article 28 amended by Article 1(17) of the act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
50)
Article 29 amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
51)
Article 30(1) amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
52
Article 30(4)(1) amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending
this Act on 1 April 2010.
53
Article 30(4)(4) amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending
this Act on 1 April 2010.
54)
Article 30(5) amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
55)
Article 33 amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
56)
Article 34 amended by Article 1(14) of the Act of 12 February 2010 (Dz.U.10.41.233) amending this Act
on 1 April 2010, with the proviso that the said provision enters into force on the day specified in the
Council Decision pursuant to Article 55(2) of the 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) – see Article 3 of the amending act.
57)
Article 35 amended by Article 1(15) and (16) of the Act of 12 February 2010 (Dz.U.10.41.233)
amending this Act on 1 April 2010, with the proviso that the said provision enters into force on the day
specified in the Council Decision pursuant to Article 55(2) of the 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) – see Article 3 of the amending act.
58)
Article 36 amended by Article 1(19) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
59)
Article 37 amended by Article 1(17) and (19) of the Act of 12 February 2010 (Dz.U. 10.41.233)
amending this Act on 1 April 2010.
60)
Article 43 amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
61)
Article 44 amended by Article 1(17) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this Act
on 1 April 2010.
62)
Article 46(1) amended by Article 1(18) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
Act on 1 April 2010.
63)
Article 46(2) repealed by Article 1(16) of the Act of 12 February 2010 (Dz.U. 10.41.233) amending this
.
Act on 1 April 2010