Legalize2013/115/EU: Commission Implementing Decision of 26 February 2013 on the Sirene Manual and other implementing measures for the second generation Schengen Information System (SIS II) (notified under document C(2013) 1043)
Article 1
The Sirene Manual and other implementing measures for the second generation Schengen Information System (SIS II) shall be as set out in the Annex and the Appendices thereof. They shall be applicable to staff involved in Sirene operations as well as to all users of SIS II.
Article 2
Decisions 2008/333/EC and 2008/334/JHA are repealed.
Article 3
This Decision shall take effect on the day of its notification.
It shall apply from the date to be fixed by the Council, acting by unanimity of its Members representing the governments of the Member States participating in SIS 1 + in accordance with Article 55(2) of Regulation (EC) No 1987/2006 and Article 71(2) of Decision 2007/533/JHA.
Article 4
This Decision is addressed to the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
ANNEX
The SIRENE manual and other implementing measures for the second generation Schengen Information System (SIS II)
| TABLE OF CONTENTS | TABLE OF CONTENTS |
| INTRODUCTION | |
| 1. | THE SIRENE BUREAUX AND SUPPLEMENTARY INFORMATION |
| 1.1. | The SIRENE Bureau |
| 1.2. | SIRENE Manual |
| 1.3. | Appendices to this SIRENE Manual |
| 1.4. | Catalogue of recommendations for the correct application of the Schengen acquis and best practices (Schengen Information System) |
| 1.5. | Role of the SIRENE Bureaux in police cooperation in the European Union |
| 1.5.1. | Transfer of SIS II data and supplementary information to third countries or international organisations |
| 1.6. | Relations between SIRENE Bureaux and Europol |
| 1.7. | Relations between SIRENE Bureaux and Eurojust |
| 1.8. | Relations between SIRENE Bureaux and Interpol |
| 1.8.1. | Priority of SIS II alerts over Interpol alerts |
| 1.8.2. | Choice of communication channel |
| 1.8.3. | Use and distribution of Interpol diffusions in Schengen States |
| 1.8.4. | Hit and deletion of an alert |
| 1.8.5. | Improvement of cooperation between the SIRENE Bureaux and the Interpol NCBs |
| 1.9. | Standards |
| 1.9.1. | Availability |
| 1.9.2. | Continuity |
| 1.9.3. | Confidentiality |
| 1.9.4. | Accessibility |
| 1.10. | Communications |
| 1.10.1. | Language of communication |
| 1.10.2. | Data exchange between SIRENE Bureaux |
| 1.10.3. | Network, messages and mailboxes |
| 1.10.4. | Communication in exceptional circumstances |
| 1.11. | SIRENE Address Book (SAB) |
| 1.12. | SIRENE workflow system |
| 1.13. | Time limits for response |
| 1.13.1. | Indication of urgency in SIRENE forms including urgent reporting of a hit |
| 1.14. | Transliteration/transcription rules |
| 1.15. | Data quality |
| 1.16. | Archiving |
| 1.17. | Staff |
| 1.17.1. | Heads of SIRENE Bureaux |
| 1.17.2. | SIRENE Contact Person (SIRCoP) |
| 1.17.3. | Knowledge |
| 1.17.4. | Training |
| 1.17.5. | Exchange of staff |
| 2. | GENERAL PROCEDURES |
| 2.1. | Definitions |
| 2.2. | Multiple alerts (Article 34(6) of the SIS II Regulation and 49(6) of the SIS II Decision) |
| 2.2.1. | Compatibility of alerts |
| 2.2.2. | Order of priority of alerts |
| 2.2.3. | Checking for incompatibility and entering multiple alerts |
| 2.2.4. | Special situation of the United Kingdom and Ireland |
| 2.3. | The exchange of information after a hit |
| 2.4. | When the procedures following a hit cannot be followed (Article 48 of the SIS II Decision and Article 33 of the SIS II Regulation) |
| 2.5. | Reporting procedure for matches on fingerprints when carrying out the initial upload of fingerprints or when carrying out searches using fingerprints |
| 2.6. | Processing of data for purpose other than that for which it was entered in the SIS II (Article 46(5) of the SIS II Decision) |
| 2.7. | Flagging |
| 2.7.1. | Introduction |
| 2.7.2. | Consulting the Member States with a view to adding a flag |
| 2.7.3. | A request for deletion of a flag |
| 2.8. | Data found to be legally or factually inaccurate (Article 34 of the SIS II Regulation and Article 49 of the SIS II Decision) |
| 2.9. | The right to access and rectify data (Articles 41 of the SIS II Regulation and 58 of the SIS II Decision) |
| 2.9.1. | Requests for access to or rectification of data |
| 2.9.2. | Exchange of information on requests for access to alerts issued by other Member States |
| 2.9.3. | Exchange of information on requests to rectify or delete data entered by other Member States |
| 2.10. | Deleting when the conditions for maintaining the alert cease to be met |
| 2.11. | Entering proper names |
| 2.12. | Different categories of identity |
| 2.12.1. | Misused identity (Article 36 of the SIS II Regulation and 51 of the SIS II Decision) |
| 2.12.2. | Entering an alias |
| 2.12.3. | Further information to establish a person's identity |
| 2.13. | Exchange of information in case of interlinked alerts |
| 2.13.1. | Operational rules |
| 2.14. | Format and quality of biometric data in SIS II |
| 2.14.1. | Further use of the data exchanged, including archiving |
| 2.14.2. | Exchanging fingerprints and photographs |
| 2.14.3. | Technical requirements |
| 2.14.4. | Format and quality of biometric data |
| 2.15. | Special types of search |
| 2.15.1. | Geographically targeted search |
| 2.15.2. | Search with participation of special police units for targeted search (FAST) |
| 3. | ALERTS FOR ARREST FOR SURRENDER OR EXTRADITION PURPOSES (ARTICLE 26 OF THE SIS II DECISION) |
| 3.1. | Entering an alert |
| 3.2. | Multiple alerts |
| 3.3. | Misused identity |
| 3.4. | Entering an alias |
| 3.5. | Supplementary information to be sent to Member States |
| 3.5.1. | Supplementary information to be sent with regard to provisional arrest |
| 3.6. | Adding a flag |
| 3.6.1. | Systematic request for a flag to be added to alerts on persons wanted for arrest for extradition purposes where Decision 2002/584/JHA ([^E0001]) does not apply |
| 3.7. | Action by SIRENE Bureaux upon receipt of an alert for arrest |
| 3.8. | The exchange of information after a hit |
| 3.9. | Supplementary information exchange about surrender or extradition |
| 3.10. | Supplementary information exchange about transit through another Member State |
| 3.11. | Deletion of alerts upon surrender or extradition |
| 4. | ALERTS FOR REFUSAL OF ENTRY OR STAY (ARTICLE 24 OF THE SIS II REGULATION) |
| 4.1. | Entering an alert |
| 4.2. | Multiple alerts |
| 4.3. | Misused identity |
| 4.4. | Entering an alias |
| 4.5. | Exchange of information when issuing residence permits or visas |
| 4.5.1. | Special procedures as provided for in Article 25 of the Schengen Convention |
| 4.5.2. | Special procedures as provided for in Article 5(4)(a) and (c) of the Schengen Borders Code |
| 4.6. | Common rules concerning procedures referred to in Section 4.5 |
| 4.7. | Exchange of information following a hit and when refusing entry or expelling from the Schengen area |
| 4.8. | Exchange of information following a hit on a third-country national who is a beneficiary of the right of free movement |
| 4.9. | Exchange of information if, in the absence of a hit, a Member State discovers that there is an alert for refusal of entry for a third-country national who is a beneficiary of the right of free movement |
| 4.10. | Deletion alerts for refusal of entry or stay |
| 5. | ALERTS ON MISSING PERSONS (ARTICLE 32 OF THE SIS II DECISION) |
| 5.1. | Multiple alerts |
| 5.2. | Misused identity |
| 5.3. | Entering an alias |
| 5.4. | Adding a flag |
| 5.5. | Provision of descriptive detail on missing minors and other persons assessed as being at risk |
| 5.6. | The exchange of information after a hit |
| 5.7. | Deletion of alerts on missing persons |
| 5.7.1. | Minors |
| 5.7.2. | Adults where no protective measures are requested |
| 5.7.3. | Adults, protective measures requested |
| 6. | ALERTS FOR PERSONS SOUGHT FOR A JUDICIAL PROCEDURE (ARTICLE 34 OF THE SIS II DECISION) |
| 6.1. | Multiple alerts |
| 6.2. | Misused identity |
| 6.3. | Entering an alias |
| 6.4. | The exchange of information after a hit |
| 6.5. | Deletion of alerts on persons sought for a judicial procedure |
| 7. | ALERTS FOR DISCREET AND SPECIFIC CHECKS (ARTICLE 36 OF THE SIS II DECISION) |
| 7.1. | Multiple alerts |
| 7.2. | Misused identity |
| 7.3. | Entering an alias |
| 7.4. | Informing other Member States when issuing alerts |
| 7.5. | Completion of the field ‘type of offence’ when issuing alerts |
| 7.6. | Adding a flag |
| 7.7. | The exchange of information after a hit |
| 7.8. | Deletion of alerts on discreet and specific checks |
| 7.9. | Automatic number plate recognition systems (ANPR) |
| 8. | ALERTS ON OBJECTS FOR SEIZURE OR USE AS EVIDENCE (ARTICLE 38 OF THE SIS II DECISION) |
| 8.1. | Multiple alerts |
| 8.2. | Vehicle alerts |
| 8.2.1. | Checking for multiple alerts on a vehicle |
| 8.2.2. | VIN-twins |
| 8.3. | The exchange of information after a hit |
| 8.4. | Deletion of alerts on objects for seizure or use as evidence in criminal proceedings |
| 9. | AUTOMATIC NUMBER PLATE RECOGNITION SYSTEMS (ANPR) |
| 10. | STATISTICS |
INTRODUCTION
The Schengen area
On 14 June 1985, the Governments of the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands signed an agreement at Schengen, a small town in Luxembourg, with a view to enabling ‘(…) all nationals of the Member States to cross internal borders freely (…)’ and to enable the ‘free circulation of goods and services’.
The five founding countries signed the Convention implementing the Schengen Agreement ([^E0002]) on 19 June 1990, and were later joined by the Italian Republic on 27 November 1990, the Kingdom of Spain and the Portuguese Republic on 25 June 1991, the Hellenic Republic on 6 November 1992, the Republic of Austria on 28 April 1995 and by the Kingdom of Denmark, the Kingdom of Sweden and the Republic of Finland on 19 December 1996.
Subsequently, as of 26 March 1995, the Schengen acquis was fully applied in Belgium, Germany, France, Luxembourg, Netherlands, Spain and Portugal ([^E0003]). As of 31 March 1998, in Austria and Italy ([^E0004]); as of 26 March 2000 in Greece ([^E0005]) and finally, as of 25 March 2001, the Schengen acquis was applicable in full in Norway, Iceland, Sweden, Denmark and Finland ([^E0006]).
The United Kingdom (UK) and Ireland only take part in some of the provisions of the Schengen acquis, in accordance with Decision 2000/365/EC and Decision 2002/192/EC respectively.
In the case of the UK, the provisions in which the United Kingdom wished to take part (with exception of SIS) are applicable as of 1 January 2005 ([^E0007]).
The Schengen acquis was incorporated into the legal framework of the European Union by means of protocols attached to the Treaty of Amsterdam ([^E0008]) in 1999. A Council Decision was adopted on 12 May 1999, determining the legal basis for each of the provisions or decisions which constitute the Schengen acquis, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union.
From 1 May 2004, the Schengen acquis as integrated into the framework of the European Union by the Protocol annexed to the Treaty on European Union and to the Treaty establishing the European Community (hereinafter referred to as the Schengen Protocol), and the acts building upon it or otherwise related to it are binding on the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic. These Member States became full members of the Schengen area on 21 December 2007.
Cyprus is a signatory to the Convention implementing the Schengen Agreement but enjoys a derogation under its Act of Accession of 2003.
The Republic of Bulgaria and Romania acceded to the European Union on 1 January 2007; as from that date the Schengen acquis and the acts building upon it or otherwise related to it are binding upon them, with the derogation provided by their Act of Accession of 2005.
Croatia acceded to the European Union on 1 July 2013. It applies the Schengen acquis with the derogation provided by its Act of Accession of 2011.
Some of the provisions of the Schengen acquis apply upon accession of new Member States to the EU. Other provisions shall only apply in these Member States pursuant to a Council decision to that effect. Finally, the Council takes a decision on the lifting of border checks, after verification that the necessary conditions for the application of all parts of the acquis concerned have been met in the Member State in question, in accordance with the applicable Schengen evaluation procedures and after consultation of the European Parliament.
Certain other European countries joined the Schengen area. The Kingdom of Norway and the Republic of Iceland concluded an Association Agreement with the Member States on 18 May 1999 ([^E0009]) in order to be associated to the Schengen Convention.
In 2004, the Swiss Confederation signed an agreement with the European Union and the European Community concerning its association with the implementation, application and development of the Schengen acquis ([^E0010]), based upon which it became a member of the Schengen area on 12 December 2008.
On the basis of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis ([^E0011]), signed in 2008, the Principality of Liechtenstein became a member of the Schengen area on 19 December 2011.
The second generation Schengen Information System (SIS II)
SIS II, established by Regulation (EC) No 1987/2006 (SIS II Regulation) and Decision 2007/533/JHA (SIS II Decision) (together: the SIS II legal instruments) as well as Regulation (EC) No 1986/2006 of the European Parliament and of the Council ([^E0012]) constitute a common information system allowing the competent authorities in the Member States to cooperate by exchanging information and is an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union. These instruments entered into force on 9 April 2013 and repealed Title IV of the Convention implementing the Schengen Agreement. SIS II replaces the first generation Schengen Information System that began operating in 1995 and was extended in 2005 and 2007.
The purpose of SIS II as laid down in Article 1 of the SIS II legal instruments is ‘(…) to ensure a high level of security within an area of freedom, security and justice of the European Union including the maintenance of public security and public policy and the safeguarding of security in the territories of the Member States, and to apply the provisions of Title IV of Part Three of the EC Treaty [now Title V of Part Three of the Treaty on the Functioning of the European Union] relating to the movement of persons in their territories, using information communicated via this system’.
In accordance with the SIS II legal instruments, by means of an automated consultation procedure, SIS II shall provide access to alerts on persons and objects to the following authorities:
- (a) authorities responsible for border controls, in accordance with Regulation (EU) 2016/399 of the European Parliament and of the Council ([^E0013]);
- (b) authorities carrying out and coordinating other police and customs checks within the country;
- (c) national judicial authorities and their coordination authorities;
- (d) authorities responsible for issuing visas, the central authorities responsible for examining visa applications, authorities responsible for issuing residence permits and for the administration of legislation on third-country nationals in the context of the application of the Union law relating to the movement of persons;
- (e) authorities responsible for issuing vehicle registration certificates (in accordance with Regulation (EC) No 1986/2006.
In accordance with the SIS II Decision, Europol and Eurojust also have access to certain categories of alerts.
SIS II is made up of the following components:
-
- a central system (the Central SIS II) composed of:
- (a) a technical support function (CS-SIS) containing a database (the SIS II database);
- (b) a uniform national interface (NI-SIS);
-
- a national system (N.SIS II) in each of the Member States, consisting of the national data systems which communicate with the Central SIS II. An N.SIS II may contain a data file (a national copy), containing a complete or partial copy of the SIS II database;
-
- a communication infrastructure between the CS-SIS and the NI-SIS that provides an encrypted virtual network dedicated to SIS II data and the exchange of data between SIRENE Bureaux as defined below.
1. THE SIRENE BUREAUX AND SUPPLEMENTARY INFORMATION
1.1. The SIRENE Bureau
SIS II only contains the indispensable information (i.e. alert data) allowing the identification of a person or an object and the necessary action to be taken. In addition, according to the SIS II legal instruments, Member States shall exchange supplementary information related to the alert which is required for implementing certain provisions foreseen under the SIS II legal instruments, and for SIS II to function properly, either on a bilateral or multilateral basis.
This structure, built to deal with the exchange of supplementary information, has been given the name ‘SIRENE’, which is an acronym of the definition of the structure in English: ‘Supplementary information request at the national entries’.
A national ‘SIRENE Bureau’ shall be set up by each of the Member States in accordance with common Article 7(2) of the SIS II legal instruments. It shall serve as a single contact point for the Member States, fully operational on 24/7 basis, for the purpose of exchanging supplementary information in connection with the entry of alerts and for allowing the appropriate action to be taken in cases where persons and objects have been entered in SIS II and are found as a result of a hit. The SIRENE Bureaux's main tasks include ([^E0014]) ensuring the exchange of all supplementary information is in accordance with the requirements of this SIRENE Manual, as provided in common Article 8 of the SIS II legal instruments for the following purposes:
- (a) to allow Member States to consult or inform each other whilst entering an alert (e.g. when entering alerts for arrest);
- (b) following a hit to allow the appropriate action to be taken (e.g. matching an alert);
- (c) when the required action cannot be taken (e.g. adding a flag);
- (d) when dealing with the quality of SIS II data (e.g. when data has been unlawfully entered or is factually inaccurate), including the validation of outgoing alerts and the verification of incoming alerts, if it is provided for by national law;
- (e) when dealing with the compatibility and priority of alerts (e.g. when checking for multiple alerts);
- (f) when dealing with data subjects' rights, in particular the right of access to data. Member States are encouraged to organise all national bodies responsible for international police cooperation, including SIRENE Bureaux, in a structured way so as to prevent conflicts of competence and duplication of work.
1.2. SIRENE Manual
The SIRENE Manual is a set of instructions which describes in detail the rules and procedures governing the bilateral or multilateral exchange of supplementary information.
1.3. Appendices to this SIRENE Manual
Since certain rules of a technical nature have a direct impact on the work of users in the Member States, including the SIRENE Bureaux, it is appropriate to include such rules in the SIRENE Manual. Therefore Appendices to this Manual set out, inter alia, rules on transliteration, code tables, forms for communication of supplementary information and other technical implementing measures for data processing.
1.4. Catalogue of recommendations for the correct application of the Schengen acquis and best practices (Schengen Information System)
The catalogue serves to provide legally non-binding recommendations and best practices for Member States in the light of experience. It also serves as a reference tool for evaluation of the correct implementation of the SIS II legal instruments. Accordingly, it should, as far as possible, be followed.
1.5. Role of the SIRENE Bureaux in police cooperation in the European Union
The exchange of supplementary information shall not prejudice the tasks entrusted to the SIRENE Bureaux in the area of international police cooperation by national law implementing other legal instruments of the European Union.
Additional tasks may be entrusted to the SIRENE Bureaux, in particular, by the national law implementing Framework Decision 2006/960/JHA, Articles 39 and 46 of the Schengen Convention, in as far as they are not replaced by Framework Decision 2006/960/JHA, Articles 40 or 41 of the Schengen Convention or if the information falls within the scope of mutual legal assistance.
If a SIRENE Bureau receives, from another SIRENE Bureau, a request falling outside its competence under national law it should immediately forward it to the competent authority and inform the requesting SIRENE Bureau about this action. If necessary, it should provide support to the requesting SIRENE Bureau to facilitate communication.
1.5.1. Transfer of SIS II data and supplementary information to third countries or international organisations
According to Article 39 of the SIS II Regulation and 54 of the SIS II Decision, data processed in SIS II in application of these two legal instruments shall not be transferred or made available to third countries or to international organisations. This prohibition shall apply to the transfer of supplementary information to third countries or international organisations. Article 55 of the SIS II Decision foresees derogation from this general rule regarding the exchange of data on stolen, misappropriated, lost or invalidated passports with Interpol, subject to the conditions laid down in this article.
1.6. Relations between SIRENE Bureaux and Europol
Europol has the right to access and to directly search data entered in SIS II according to Articles 26, 36 and 38 of the SIS II Decision. Europol may request further information from the Member States concerned in accordance with the provisions of the Europol Decision ([^E0015]). In accordance with national law, it is strongly recommended that cooperation with the National Europol Unit (ENU) should be established in order to ensure that the SIRENE Bureau is informed of any exchange of supplementary information between Europol and the ENU concerning alerts in SIS II. In exceptional cases where communication at national level concerning SIS II alerts is done by the ENU, all parties to the communication, especially the SIRENE Bureau, should be made aware of this fact to avoid confusion.
1.7. Relations between SIRENE Bureaux and Eurojust
The national members of Eurojust and their assistants have the right to access and to directly search data entered in SIS II according to Articles 26, 32, 34 and 38 of the SIS II Decision. In accordance with national law, cooperation with them should be established in order to ensure the smooth exchange of information in case of a hit. In particular, the SIRENE Bureau should be the contact point for national members of Eurojust and their assistants for supplementary information related to alerts in SIS II.
1.8. Relations between SIRENE Bureaux and Interpol ([^E0016])
The role of the SIS II is neither to replace nor to replicate the role of Interpol. Although tasks may overlap, the governing principles for action and cooperation between the Member States under Schengen differ substantially from those under Interpol. It is therefore necessary to establish rules for cooperation between the SIRENE Bureaux and the NCBs (National Central Bureaux) at the national level.
The following principles shall apply:
1.8.1. Priority of SIS II alerts over Interpol alerts
In case of alerts issued by Member States, SIS II alerts and the exchange of all information on these alerts shall always have priority over alerts and information exchanged via Interpol. This is of particular importance if the alerts conflict.
1.8.2. Choice of communication channel
The principle of Schengen alerts taking precedence over Interpol alerts issued by Member States shall be respected and it shall be ensured that the NCBs of Member States comply with this. Once the SIS II alert is created, all communication related to the alert and the purpose for its creation and execution of action to be taken shall be provided by SIRENE Bureaux. If a Member State wants to change channels of communication, the other parties have to be consulted in advance. Such a change of channel is possible only in specific cases.
1.8.3. Use and distribution of Interpol diffusions in Schengen States
Given the priority of SIS II alerts over Interpol alerts, the use of Interpol alerts shall be restricted to exceptional cases (i.e. where there is no provision, either in the SIS II legal instruments or in technical terms, to enter the alert in the SIS II, or where not all the necessary information is available to form a SIS II alert). Parallel alerts in the SIS II and via Interpol within the Schengen area should be avoided. Alerts which are distributed via Interpol channels and which also cover the Schengen area or parts thereof shall bear the following indication: ‘except for the Schengen States’.
1.8.4. Hit and deletion of an alert
In order to ensure the SIRENE Bureau's role as a coordinator of the verification of the quality of the information entered in the SIS II Member States shall ensure that the SIRENE Bureaux and the NCBs inform each other of hits and deletion of alerts.
1.8.5. Improvement of cooperation between the SIRENE Bureaux and the Interpol NCBs
In accordance with national law, each Member State shall take all appropriate measures to provide for the effective exchange of information at the national level between its SIRENE Bureau and the NCBs.
1.9. Standards
The standards that underpin the cooperation via SIRENE Bureaux are the following:
1.9.1. Availability
Each SIRENE Bureau shall be fully operational 24 hours a day, 7 days a week in order to be able to react within the time limit as required in Section 1.13. Provision of technical and legal analysis, support and solutions shall also be available 24 hours a day, 7 days a week.
1.9.2. Continuity
Each SIRENE Bureau shall build an internal structure which guarantees the continuity of management, staff and technical infrastructure.
1.9.3. Confidentiality
Pursuant to common Article 11 of the SIS II legal instruments, relevant national rules of professional secrecy or other equivalent obligations of confidentiality shall apply to all SIRENE staff. This obligation shall also apply after staff members leave office or employment.
1.9.4. Accessibility
In order to fulfil the requirement to provide supplementary information, the SIRENE staff shall have direct or indirect access to all relevant national information and expert advice.
1.10. Communications
1.10.1. Language of communication
In order to achieve the utmost efficiency in bilateral communication between SIRENE Bureaux, a language familiar to both parties shall be used.
1.10.2. Data exchange between SIRENE Bureaux
The technical specifications concerning the exchange of information between SIRENE Bureaux are laid down in the document: ‘Data exchange between SIRENE Bureaux (DEBS)’. These instructions shall be respected.
1.10.3. Network, messages and mailboxes
SIRENE Bureaux shall use an encrypted virtual network exclusively dedicated to SIS II data and the exchange of supplementary information between SIRENE Bureaux, as referred to in common Articles 4(1)(c) and 8(1) of the SIS II legal instruments. Only if this channel is not available, another adequately secured and appropriate means of communication may be used. The ability to choose the channel means that it shall be determined on a case-by-case basis, according to technical possibilities and the security and quality requirements that the communications have to meet.
Written messages shall be divided into two categories: free text and standard forms. Appendix 3 describes the forms exchanged between SIRENE Bureaux and sets out guidance on the expected content of the fields, including whether they are mandatory or not.
There shall be four different mailboxes within the abovementioned network for free text messages and SIRENE forms.
| Mailbox | Mailbox address | Purpose |
|---|---|---|
| Operational | oper@xx.sirenemail2.eu | Used for the exchange of forms and attachments between SIRENE Bureaux |
| Technical | tech@xx.sirenemail2.eu | Used for email exchange between the technical support staff of the SIRENE Bureaux |
| Head of SIRENE | director@xx.sirenemail2.eu | Used for email exchange with the Heads of the SIRENE Bureaux |
| message@xx.sirenemail2.eu | Used for free text message exchange between SIRENE Bureaux |
For testing purposes a second domain exists ([^E0017]) (testxx.sirenemail2.eu) within which any of the mailboxes in the table above may be replicated for test purposes without interfering with the live message exchange and workflow environment.
The detailed rules on SIRENE mailboxes and transmission of SIRENE forms described in DEBS shall apply.
The SIRENE workflow system (see Section 1.12) shall monitor the operational and email mailboxes (‘oper’ and ‘message’) to detect incoming forms, related emails and attachments. Urgent messages shall only be sent to the operational mailbox.
1.10.4. Communication in exceptional circumstances
Where normal communication channels are not available and it is necessary to send standard forms by fax, for example, the procedure described in DEBS shall apply.
1.11. SIRENE Address Book (SAB)
The contact details of the SIRENE Bureaux and relevant information for mutual communication and cooperation are collected and provided in the SIRENE Address Book (SAB). The Commission will update the SAB. The updated SAB shall be issued by the Commission at least twice per year. Each SIRENE Bureau shall ensure that:
- (a) information from the SAB is not disclosed to third parties;
- (b) the SAB is known and used by the SIRENE staff;
- (c) any update of the information listed in the SAB is provided without delay to the Commission.
1.12. SIRENE workflow system
The effective management of the SIRENE Bureaux's workload can be best achieved through each SIRENE Bureau having a computerised management system (workflow system), which allows a great deal of automation in the management of the daily workflow.
The SIRENE Bureau may have a back-up computer and database system for its workflow at a secondary site in case of a serious emergency at the SIRENE Bureau. This should include sufficient back-up power and communication supply.
Appropriate IT support should be provided for SIRENE workflow to ensure its high availability.
1.13. Time limits for response
The SIRENE Bureau shall answer all requests for information on alerts, match and hit procedures, made by the other Member States via their SIRENE Bureaux, as soon as possible. In any event a response shall be given within 12 hours. (See also Section 1.13.1 on indication of urgency in SIRENE forms.)
Priorities in daily work shall be based on the category of alert and the importance of the case.
1.13.1. Indication of urgency in SIRENE forms including urgent reporting of a hit
SIRENE forms to be dealt with by the requested SIRENE Bureau with highest priority may be marked ‘URGENT’, in field 311 (‘Important Notice’), followed by the reason for urgency. The reason for urgency shall be explained in the appropriate fields of the SIRENE forms. Telephone communication or notification may also be used where an urgent response is required.
Where the circumstances of a hit on an alert dictate, such as a case of genuine urgency or significant importance, the SIRENE Bureau of the Member State that matched the alert shall, where appropriate, inform the SIRENE Bureau of the issuing Member State of the hit by telephone after sending a G form.
1.14. Transliteration/transcription rules
The transliteration and transcription definitions and rules are set out in Appendix 1. They shall be respected in the communication between SIRENE Bureaux (see also Section 2.11 on entering proper names).
1.15. Data quality
Pursuant to Article 7(2) of the SIS II legal instruments, SIRENE Bureaux shall coordinate the verification of the quality of the information entered in SIS II. SIRENE Bureaux should have the necessary national competence to perform this role. Therefore, an adequate form of national data quality audit should be provided for, including a review of the rate of alerts/hits and of data content.
In order to allow each SIRENE Bureau to perform its role of data quality verification coordinator, the necessary IT support and appropriate rights within the systems should be available.
National standards for training users on data quality principles and practice should be established in cooperation with the national SIRENE Bureau.
Member States may call upon the staff of the SIRENE Bureaux to be involved in the training of all authorities entering alerts, stressing data quality and maximisation of the use of SIS II.
With regard to fingerprints uploaded in SIS II, the principal responsibility for data quality shall lie with the appropriate fingerprint bureaux at national level. The role of the SIRENE Bureaux, as data quality verification coordinator, shall be to liaise with the fingerprint bureaux especially with regard to identified issues in the quality of fingerprints uploaded.
In order for the data in SIS II to be kept up-to-date, in line with the outcomes of SIS-AFIS matches, the SIRENE Bureau shall take the necessary measures to ensure the prompt updating of alphanumeric data in alerts; either by the SIRENE Bureau itself or by liaising with the relevant authority which created the alert. This shall cover activities such as inclusion of aliases or correction of identity details.
1.16. Archiving
- (a) Each Member State shall establish conditions for storing information.
- (b) The SIRENE Bureau of the issuing Member State shall keep all information on its own alerts available to the other Member States, including a reference to the decision giving rise to the alert.
- (c) The archives of each SIRENE Bureau shall allow swift access to the relevant information to meet the very short deadlines for transmitting information.
- (d) In accordance with Article 12(4) of the SIS II legal instruments personal data, held in files by the SIRENE Bureau as a result of exchanging information, shall be kept only for such time as may be required to achieve the purposes for which they were supplied. As a rule, this information shall be deleted immediately after the related alert has been deleted from SIS II, and in any event at the latest 1 year thereafter. However, data relating to a particular alert which a Member State has entered or to an alert in connection with which action has been taken on its territory may be stored for longer in accordance with national law.
- (e) Supplementary information sent by other Member States shall be stored according to national data protection laws in the recipient Member State. Common Article 12 of the SIS II legal instruments, the Directive 95/46/EC of the European Parliament and of the Council ([^E0018]) and Council Framework Decision 2008/977/JHA ([^E0019]) also apply.
- (f) Information on misused identity shall be deleted after the deletion of the relevant alert.
- (g) Access to archives shall be recorded, controlled and restricted to designated staff.
1.17. Staff
A high level of experienced staff leads to a workforce able to function on their own initiative and thereby able to handle cases efficiently. Therefore a low turnover of personnel is desirable, which requires the unambiguous support of management to create a devolved working environment. Member States are encouraged to take appropriate measures to avoid loss of qualification and experience caused by staff turnover.
1.17.1. Heads of SIRENE Bureaux
The Heads of SIRENE Bureaux should meet at least twice a year to assess the quality of the cooperation between their services, to discuss necessary technical or organisational measures in the event of any difficulties and to clarify procedures where required. The meeting of the Heads of SIRENE Bureaux is organised by the Member State holding the Presidency of the Council of the European Union.
1.17.2. SIRENE Contact Person (SIRCoP)
In cases where standard procedures may be insufficient, the SIRENE Contact Person (SIRCoP) may deal with files on which progress is complex, problematic or sensitive and a degree of quality assurance and/or longer term contact with another SIRENE Bureau may be required in order to resolve the issue. The SIRCoP is not intended for urgent cases where the 24/7 front desk services shall in principle be used.
The SIRCoP may formulate proposals to enhance quality and describe options to resolve such issues in the longer term.
As a general rule SIRCoPs are contactable by another SIRCoP only during office hours.
An annual assessment shall be carried out within the framework of the annual statistical reporting as it is set out in Appendix 5 based upon the following indicators:
- (a) number of SIRCoP interventions per Member State;
- (b) reason for contact;
- (c) result of the interventions based on information available during the reporting period.
1.17.3. Knowledge
SIRENE Bureau staff shall have linguistic skills covering as wide a range of languages as possible and on-duty staff shall be able to communicate with all SIRENE Bureaux.
They shall have the necessary knowledge on:
- — national, European and international legal aspects,
- — their national law enforcement authorities, and
- — national and European judiciary and immigration administration systems.
They need to have the authority to deal independently with any incoming case.
Operators on duty outside office hours shall have the same competence, knowledge and authority and it should be possible for them to refer to experts available on-call.
Legal expertise to cover both normal and exceptional cases should be available in the SIRENE Bureau. Depending on the case, this may be provided by any personnel with the necessary legal background or experts from judicial authorities.
1.17.4. Training
National level
At the national level, sufficient training shall ensure that staff meet the required standards laid down in this Manual. Before being authorised to process data stored in the SIS II, staff shall in particular receive appropriate training about data security and data protection rules and shall be informed of any relevant criminal offences and penalties.
European level
Common training courses shall be organised at least once a year, to enhance cooperation between SIRENE Bureaux by allowing staff to meet colleagues from other SIRENE Bureaux, share information on national working methods and create a consistent and equivalent level of knowledge. It will furthermore make staff aware of the importance of their work and the need for mutual solidarity in view of the common security of Member States.
The delivery of training should be in compliance with the SIRENE Trainers Manual.
Article 3 of Regulation (EU) No 1077/2011 of the European Parliament and of the Council ([^E0020]) sets out that the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (the Agency) performs tasks relating to training on the technical use of SIS II, in particular for SIRENE staff.
1.17.5. Exchange of staff
As far as possible, SIRENE Bureaux should also foresee setting up staff exchanges with other SIRENE Bureaux at least once a year. These exchanges are intended to help improve staff knowledge of working methods, to show how other SIRENE Bureaux are organised and to establish personal contacts with colleagues in other Member States.
2. GENERAL PROCEDURES
The procedures described below are applicable to all categories of alerts. The procedures specific to each category of alert can be found in the relevant parts of this Manual.
2.1. Definitions
- — ‘Issuing Member State’ : Member State which entered the alert in SIS II.
- — ‘Executing Member State’ : Member State which takes the required actions following a hit.
- — ‘Providing SIRENE Bureau’ : SIRENE Bureau of a Member State which has fingerprints or pictures of the person for whom an alert was entered by another Member State.
- — ‘Hit’ :
a hit occurs in SIS II when:
- (a) a search is conducted by a user;
- (b) the search reveals a foreign alert in SIS II;
- (c) data concerning the alert in SIS II matches the search data; and
- (d) further actions are requested as a result of the hit.
- — ‘Match’ :
a match occurs in SIS II when:
- (a) a fingerprint search against SIS-AFIS data is conducted;
- (b) a notification is received from SIS II which indicates a possible match; and
- (c) the match is confirmed according to national procedures for fingerprint verification.
Further actions may also be requested following a match in order to verify the identity of the person and establish aliases.
A ‘match’ can be followed by a ‘hit’ in the circumstances where the SIS-AFIS search was carried out in the course of a check by an end-user and the match is confirmed.
- — ‘Flag’ : a suspension of validity at the national level that may be added to alerts for arrest, alerts on missing persons and alerts for checks, where a Member State considers that to give effect to an alert is incompatible with its national law, its international obligations or essential national interests. When the alert is flagged, the requested action on the basis of the alert shall not be taken on the territory of this Member State.
2.2. Multiple alerts (Article 34(6) of the SIS II Regulation and 49(6) of the SIS II Decision)
Only one alert per Member State may be entered in SIS II for any one person or object.
Therefore, wherever possible and necessary, second and subsequent alerts on the same person or object shall be kept available at national level so that they can be introduced when the first alert expires or is deleted.
Several alerts may be entered by different Member States for the same subjects. It is essential that this does not cause confusion to users, and that it is clear to them what measures must be taken when seeking to enter an alert and which procedure shall be followed when a hit occurs. Procedures shall therefore be established for detecting multiple alerts, as shall a priority mechanism for entering them in SIS II.
This calls for:
- — checks before entering an alert, in order to determine whether the subject is already in SIS II,
- — consultation with the other Member States, when the entry of an alert causes multiple alerts that are incompatible.
2.2.1. Compatibility of alerts
Several Member States may enter an alert on the same person or object if the alerts are compatible.
Member States may derogate from the rules on compatibility when issuing an alert for discreet or specific check, in particular in case of alerts issued for national security purposes. This derogation shall be without prejudice to the order of priority of alerts and the consultation procedure as it is set out in Section 2.2.2.
Table of compatibility of alerts on persons
| Order of importance | Alert for arrest | Alert for refusal of entry | Alert on missing person (protection) | Alert for specific check — immediate action | Alert for specific check | Alert for discreet check — immediate action | Alert for discreet check | Alert on missing person (whereabouts) | Alert for judicial procedure |
|---|---|---|---|---|---|---|---|---|---|
| Alert for arrest | yes | yes | yes | no | no | no | no | yes | yes |
| Alert for refusal of entry | yes | yes | no | no | no | no | no | no | no |
| Alert on missing person (protection) | yes | no | yes | no | no | no | no | yes | yes |
| Alert for specific check — immediate action | no | no | no | yes | yes | no | no | no | no |
| Alert for specific check | no | no | no | yes | yes | no | no | no | no |
| Alert for discreet check — immediate action | no | no | no | no | no | yes | yes | no | no |
| Alert for discreet check | no | no | no | no | no | yes | yes | no | no |
| Alert on missing person (whereabouts) | yes | no | yes | no | no | no | no | yes | yes |
| Alert for judicial procedure | yes | no | yes | no | no | no | no | yes | yes |
Table of compatibility for alerts on objects
| Order of importance | Alert for use as evidence | Document invalidated for travel purposes | Alert for seizure | Alert for specific check — immediate action | Alert for specific check | Alert for discreet check — immediate action | Alert for discreet check |
|---|---|---|---|---|---|---|---|
| Alert for use as evidence | yes | yes | yes | no | no | no | no |
| Document invalidated for travel purposes | yes | yes | yes | no | no | no | no |
| Alert for seizure | yes | yes | yes | no | no | no | no |
| Alert for specific check — immediate action | no | no | no | yes | yes | no | no |
| Alert for specific check | no | no | no | yes | yes | no | no |
| Alert for discreet check — immediate action | no | no | no | no | no | yes | yes |
| Alert for discreet check | no | no | no | no | no | yes | yes |
2.2.2. Order of priority of alerts
In case of incompatible alerts the order of priority for alerts on persons shall be as follows:
- — arrest with a view to surrender or extradition (Article 26 of Decision),
- — refusing entry or stay in the Schengen territory (Article 24 of Regulation),
- — placing under protection (Article 32 of Decision),
- — specific check — immediate action (Article 36 of Decision),
- — specific check (Article 36 of Decision),
- — discreet check — immediate action (Article 36 of Decision),
- — discreet check (Article 36 of Decision),
- — communicating whereabouts (Articles 32 and 34 of the Decision).
The order of priority for alerts on objects shall be as follows:
- — use as evidence (Article 38 of Decision),
- — seizure of document invalidated for travel purposes (Article 38 of Decision),
- — seizure (Article 38 of Decision),
- — specific check — immediate action (Article 36 of Decision),
- — specific check (Article 36 of Decision),
- — discreet check — immediate action (Article 36 of Decision),
- — discreet check (Article 36 of Decision).
Departures from this order of priority may be made after consultation between the Member States if essential national interests are at stake.
2.2.3. Checking for incompatibility and entering multiple alerts
In order to avoid incompatible multiple alerts, it is important to distinguish accurately between persons or objects that have similar characteristics. Consultation and cooperation between the SIRENE Bureaux is therefore essential, and each Member State shall establish appropriate technical procedures to detect such cases before an entry is made.
With the introduction of the functionality in SIS II for identifying a person from his fingerprint data, there is a stronger likelihood of discovering existing alerts on the same person but with different given identities (see also Section 1.15). Accordingly, consultation and cooperation are also required when a match occurs upon the uploading of a fingerprint record. Where such issues occur, the procedure described below shall be followed. Additionally, where an alias identity is revealed the procedure described in Section 2.12.2 shall be followed.
The SIRENE Bureau shall ensure that only one alert exists in SIS II in accordance with national procedure in circumstances where a Member State wants to issue a new alert and the new alert conflicts with an alert already entered by the same Member State.
The following procedure shall apply in order to verify if multiple alerts exist on the same person or same object:
- (a) The mandatory identity description elements shall be compared when establishing the existence of multiple alerts:
- (i) on a person:
- — surname,
- — forename,
- — date of birth,
- — gender,
- — fingerprint data (where available);
- (ii) on a vehicle:
- — the VIN,
- — the registration number and country of registration,
- — the make,
- — the type;
- (iii) on an aircraft:
- — category of aircraft,
- — ICAO registration number;
- (iv) on a boat:
- — category of boat,
- — number of hulls,
- — boat external identification number (not mandatory but may be used);
- (v) on a container:
- — BIC number ([^E0021]).
- (b) When entering a new alert on a vehicle or other object with a VIN or registration number see procedures in Section 8.2.1.
- (c) For other objects, the most appropriate fields for identifying multiple alerts are the mandatory fields, all of which are to be used for automatic comparison by the system.
The procedures described in Section 8.2.1 (checking for multiple alerts on a vehicle) shall be used to distinguish between other categories of objects in SIS II when it becomes apparent that two similar objects have the same serial number.
If the outcome of the check is that the details relate to two different persons or objects, the SIRENE Bureau shall approve the request for entering the new alert ([^E0022]).
If the check for multiple alerts reveals that the details are identical and relate to the same person or object, the SIRENE Bureau of the Member State which intends to enter a new alert shall consult the SIRENE Bureau of the issuing Member State if the alerts are incompatible.
The following procedure shall apply to verify the compatibility of alerts:
- (a) prior to entering an alert or after receiving a SIS-AFIS notification of a possible match upon the first uploading of fingerprints associated with an alert, it is mandatory to carry out a check to ensure that there are no incompatible alerts;
- (b) if another alert exists which is compatible and there is no fingerprint match, the SIRENE Bureaux do not need to consult one another;
- (c) if another alert exists which is compatible and this fact is established by a fingerprint match, the SIRENE Bureaux shall only consult in order to verify the identity and establish previously unknown aliases. However, if there is a need to clarify whether the alert relates to the same person the SIRENE Bureau shall consult the SIRENE Bureau of the issuing Member State using the L form. The reporting and consultation procedures on matches on fingerprints are described in Section 2.5. The procedures in Section 2.5 cover matches achieved at the initial upload of fingerprints and matches achieved through searches taking place through the use of fingerprints, for example at a police station;
- (d) if the alerts are incompatible, the SIRENE Bureaux shall consult one another using an E form so that ultimately only one alert is entered;
- (e) alerts for arrest shall be entered immediately without awaiting the result of any consultation with other Member States;
- (f) if an alert that is incompatible with existing alerts is given priority as the outcome of consultation, the Member States that entered the other alerts shall delete them when the new alert is entered. Any disputes shall be settled by Member States via the SIRENE Bureaux.
- (g) Member States who were not able to enter an alert may subscribe to be notified by the CS-SIS about the deletion of the alert;
- (h) the SIRENE Bureau of the Member State that was not able to enter the alert may request that the SIRENE Bureau of the Member State that entered the alert informs it of a hit on this alert.
2.2.4. Special situation of the United Kingdom and Ireland
The United Kingdom and Ireland do not take part in the SIS II Regulation therefore they cannot access the alerts on refusal of entry or stay (Articles 24 and 26 of the SIS II Regulation). They shall, nevertheless, be bound by the rules on compatibility of alerts as set out in Section 2.2 and in particular they shall apply the procedure referred in Section 2.2.3.
The following procedure shall apply:
- (a) Should the United Kingdom or Ireland enter an alert which is potentially incompatible with an existing alert on refusal of entry or stay in accordance with Section 2.2.1 the Central SIS II notifies these two Member States on the potential incompatibility by communicating only the Schengen ID of the existing alert.
- (b) Should an alert inserted by the United Kingdom or Ireland be notified of a potential incompatibility with an alert on refusal of entry or stay entered by another Member State, the SIRENE Bureau of the United Kingdom or Ireland shall initiate a consultation with the issuing Member State by using free text message and shall delete the potentially incompatible alert during the consultation.
- (c) Depending on the outcome of the consultation the United Kingdom or Ireland can reinsert an alert which has been shown to be compatible.
2.3. The exchange of information after a hit
If the user requires supplementary information after a hit, the SIRENE Bureau shall contact the SIRENE Bureau of the issuing Member State without delay and request the necessary information. Where appropriate, the SIRENE Bureaux shall act as intermediaries between the national authorities and shall provide and exchange supplementary information pertinent to the alert in question.
Unless stated otherwise, the issuing Member State shall be informed of the hit and its outcome (see also Section 1.13.1 on indication of urgency)
The following procedure shall apply:
- (a) Without prejudice to Section 2.4 of this Manual, one hit on an individual or an object for which an alert has been entered, shall in principle be communicated to the SIRENE Bureau of the issuing Member State using one G form.
- (b) When notifying the issuing Member State of a hit, the applicable article of the SIS II legal instruments shall be indicated in field 090 of the G form, including additional information if necessary (e.g. MINOR). The G form shall provide as much information as possible on the hit, including on the action taken in field 088. Provision of supplementary information may be requested from the issuing Member State in field 089.
- (c) If the SIRENE Bureau of the executing Member State intends to provide further information after a G form has been sent, it shall use an M form.
- (d) If necessary, the SIRENE Bureau of the issuing Member State shall then send any relevant, specific information and indicate any particular measures that it requests the SIRENE Bureau of the executing Member State to take. For the reporting procedure on matches on fingerprints see Section 2.5 and especially point (f) on hits coinciding with matches. For the reporting procedure on hits achieved via automatic number plate recognition (ANPR) systems see Section 9.
2.4. When the procedures following a hit cannot be followed (Article 48 of the SIS II Decision and Article 33 of the SIS II Regulation)
In accordance with Article 48 of the SIS II Decision and Article 33 of the SIS II Regulation, the following procedure shall apply:
- (a) the Member State, which is on the basis of all available information definitely unable to follow the procedure, shall inform the issuing Member State via its SIRENE Bureau that it is not able to perform the requested action, and give the reasons in field 083 of an H form;
- (b) the Member States concerned may agree on the action to be taken in line with their own national laws and the SIS II legal instruments. For the reporting procedure on matches on fingerprints see Section 2.5 and especially point (f) on hits coinciding with matches.
2.5. Reporting procedure for matches on fingerprints when carrying out the initial upload of fingerprints or when carrying out searches using fingerprints
The following procedure for SIS-AFIS matches (prior to a hit being established) shall apply (for hits see (f) below):
- (a) where a possible match in SIS II is achieved from a search of a person's fingerprints against the fingerprints stored in SIS II, national law and procedures shall apply for the verification of the match;
- (b) once the match has been verified, the SIRENE Bureau in the Member State achieving the match shall inform all other affected SIRENE Bureaux, using an L form, about the match and the possible need to update alphanumeric data in SIS II;
- (c) when notifying the issuing Member State of a match, the applicable alert article of the SIS II legal instruments shall be indicated in field 083 of the L form, including a mention using words to the effect of ‘SIS-AFIS match’. Where the Member State achieving the match considers the case to be ‘urgent’ this shall be indicated, using this term, in field 311 (Important Notice) explaining the nature of the urgency. The L form shall provide as much information as is available, including the place, date and reason for fingerprinting. A photograph of the subject should be attached if available. If the SIRENE Bureau of the executing Member State intends to provide further information after the sending of the initial L form this shall be carried out using an M form. Where a match is achieved against more than one alert, the Schengen ID numbers of all alerts against which a match is achieved shall be entered in field 083 of the L Form;
- (d) SIRENE Bureaux receiving such information shall check the data for which they are responsible and shall take the necessary measures to ensure the updating of alphanumeric data, as described in Section 1.15;
- (e) if necessary, the SIRENE Bureau receiving the notification of a match via an L form shall send any relevant and specific information, and indicate any particular measures that it requests the SIRENE Bureau of the executing Member State to take;
- (f) the procedures set out in Section 2.3 (action can be taken) and Section 2.4 (action cannot be taken) shall apply in the circumstances of hits resulting from matches on fingerprints. Where it is clear that the sending of the L form in the procedure described at points (a) to (e) above will coincide with the sending of a G or H form resulting from a hit, then only the G or H form shall be sent. The G or H form shall include words to the effect of ‘hit achieved through SIS-AFIS’ in field 086 (G form) or field 083 (H form) and any supplementary information related to previously unknown identities or aliases in field 090 (G form) or field 083 (H form).
2.6. Processing of data for purpose other than that for which it was entered in the SIS II (Article 46(5) of the SIS II Decision)
The data contained in SIS II may only be processed for the purposes laid down for each category of alert.
However, if prior authorisation has been obtained from the issuing Member State, the data may be processed for a purpose other than that for which they were entered, in order to prevent an imminent serious threat to public policy and security, for serious reasons of national security or for the purposes of preventing a serious criminal offence.
If a Member State intends to process data in SIS II for a purpose other than that for which they were entered, the exchange of information shall take place according to the following rules:
- (a) through its SIRENE Bureau, the Member State that intends to use data for a different purpose shall explain to the Member State that entered the alert the grounds for having the data processed for another purpose, by using an I form;
- (b) as soon as possible, the issuing Member State shall study whether this request can be met and inform the other Member State by using an M form, through its SIRENE Bureau, of its decision;
- (c) if need be, the Member State that entered the alert may grant authorisation subject to certain conditions on how the data are to be used This authorisation shall be sent by using an M form. Once the Member State that entered the alert has agreed, the other Member State shall only use the data for the purpose for which it obtained authorisation. It shall take account of any conditions set by the issuing Member State.
2.7. Flagging
2.7.1. Introduction
- (a) Article 24 of the SIS II Decision provides for the following cases where a Member State may require a flag:
- (i) where a Member State considers that to give effect to an alert entered in accordance with Articles 26, 32 or 36 of the SIS II Decision is incompatible with its national law, its international obligations or essential national interests, it may subsequently require that a flag be added to the alert to the effect that the action to be taken on the basis of the alert will not be taken in its territory. The flag shall be added by the SIRENE Bureau of the issuing Member State;
- (ii) in order to enable Member States to require that a flag be added to an alert issued in accordance with Article 26, all Member States shall be notified automatically about any new alert of that category by the exchange of supplementary information;
- (iii) if in particularly urgent and serious cases, a Member State issuing an alert requests the execution of the action, the Member State executing the alert shall examine whether it is able to allow the flag added at its behest to be withdrawn. If the Member State executing the alert is able to do so, it shall take the necessary steps to ensure that the action to be taken can be carried out immediately.
- (b) An alternative procedure exists only for alerts for arrest (see Section 3.6).
- (c) When a flag is added to alerts for missing persons and alerts for discreet or specific checks the alert does not appear on the screen when the user consults the system.
- (d) Without prejudice to Section 3.6.1, a Member State shall not request a flag solely on the basis that a given Member State is the issuing Member State. Flags shall only be requested on a case-by-case basis.
2.7.2. Consulting the Member States with a view to adding a flag
A flag shall be added only at the request or agreement of another Member State.
The following procedure shall apply:
- (a) if a Member State requests a flag to be added, it shall request the flag from the issuing Member State using an F form, explaining the reason for the flag. Field 071 shall be used for this purpose, explaining in field 080 the reason for the flag. For other supplementary information concerning the alert field 083 shall be used;
- (b) the Member State that entered the alert shall add the requested flag immediately;
- (c) once information has been exchanged, based on the information provided for in the consultation process by the Member State requesting the flag, the alert may need to be amended or deleted or the request may be withdrawn, leaving the alert unchanged.
2.7.3. A request for deletion of a flag
Member States shall request the deletion of the previously requested flag as soon as the reason for the flag is no longer valid. This may be the case, in particular, if national legislation has changed or if further information exchange about the case reveals that the circumstances referred to in Article 24(1) or 25 of the SIS II Decision no longer exist.
The following procedure shall apply:
- (a) The SIRENE Bureau which previously requested the flag to be added shall request the SIRENE Bureau of the issuing Member State to delete the flag, using an F form. Field 075 shall be used for this purpose ([^E0023]). For more details concerning national law field 080 shall be used and, where appropriate, for inserting supplementary information explaining the reason for the deletion of the flag and for other supplementary information concerning the alert field 083 shall be used.
- (b) The SIRENE Bureau of the issuing Member State shall delete the flag immediately.
2.8. Data found to be legally or factually inaccurate (Article 34 of the SIS II Regulation and Article 49 of the SIS II Decision)
If data is found to be factually incorrect or has been unlawfully stored in the SIS II, then the exchange of supplementary information shall take place in line with the rules set out in Article 34(2) of the SIS II Regulation and 49(2) of the SIS II Decision, which provide that only the Member State that issued the alert may modify, add to, correct, update or delete data.
The Member State which found that data contains an error or that it has been unlawfully stored shall inform the issuing Member State via its SIRENE Bureau at the earliest opportunity and not later than 10 calendar days after the evidence suggesting the error has come to its attention. The exchange of information should be carried out using a J form:
- (a) following the result of consultations, the issuing Member State may have to delete or correct the data, in accordance with its national procedures for correcting the item in question;
- (b) if there is no agreement within 2 months, the SIRENE Bureau of the Member State that discovered the error or that the data has been unlawfully stored shall advise the authority responsible within its own country to refer the matter to the European Data Protection Supervisor, who shall, jointly with the national supervisory authorities concerned, act as mediator.
2.9. The right to access and rectify data (Articles 41 of the SIS II Regulation and 58 of the SIS II Decision)
2.9.1. Requests for access to or rectification of data
Without prejudice to national law, when the national authorities need to be informed of a request to access or rectify data, then the exchange of information will take place according to the following rules:
- (a) Each SIRENE Bureau applies its national law on the right to access personal data. Depending on the circumstances of the case and in accordance with the applicable law, the SIRENE Bureaux shall either forward any requests they receive for access to or for rectification of data to the competent national authorities, or they shall adjudicate upon these requests within the limits of their remit.
- (b) If the competent national authorities so require, the SIRENE Bureaux of the Member States concerned shall, in accordance with their national law, forward them information on exercising the right to access data.
2.9.2. Exchange of information on requests for access to alerts issued by other Member States
Information on requests for access to alerts entered in SIS II by another Member State shall be exchanged via the national SIRENE Bureaux using a K form for persons or an M form for objects.
The following procedure shall apply:
- (a) the request for access shall be forwarded to the SIRENE Bureau of the issuing Member State as soon as possible, so that it can take a position on the question;
- (b) the SIRENE Bureau of the issuing Member State shall inform the SIRENE Bureau of the Member State that received the request of access of its position;
- (c) the response by the SIRENE Bureau of the issuing Member State shall take into account any deadlines for processing the request set by the SIRENE Bureau of the Member State that received the request for access;
- (d) the SIRENE Bureau of the Member State receiving an enquiry from an individual for access, correction or deletion shall take all the necessary measures to ensure a timely response.
If the SIRENE Bureau of the issuing Member State sends its position to the SIRENE Bureau of the Member State that received the request for access, the SIRENE Bureau, according to national law and within the limits of its competence, shall either adjudicate upon the request or shall ensure that the position is forwarded to the authority responsible for adjudication of the request as soon as possible.
2.9.3. Exchange of information on requests to rectify or delete data entered by other Member States
When a person requests to have his or her data rectified or deleted, this may only be done by the Member State that entered the alert. If the person addresses a Member State other than the one that entered the alert, the SIRENE Bureau of the requested Member State shall inform the SIRENE Bureau of the issuing Member State by means of a K form and the procedure described in Section 2.9.2 shall apply.
2.10. Deleting when the conditions for maintaining the alert cease to be met
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